Mr Willem Keukens

Willem Keukens


Insolvency & Restructuring

Asset transfers conditioned on transferor's bankruptcy: beware!
Netherlands | 11 March 2011

The restructuring practice often calls for creative solutions, especially when the stakes are high and the debtor is in serious financial distress. One possibility is for the debtor to transfer its assets to a creditor subject to the condition precedent of the debtor being declared bankrupt. However, under Dutch bankruptcy law, while each case must be reviewed on its own merits, any such action faces a high risk of being challenged.