If your company or organisation is facing considerable financial problems, either existing or imminent, you – as a director, supervisory director, shareholder or bank – have urgent need of an advisor that focuses on providing some breathing space.
Expertises: Insolvency law,Liability law,Litigation,Corporate Law, Distressed companies,
At Ploum, our specialists will provide you with fast and effective assistance. We will draw up an action plan – in consultation with you – for one or more of the following, depending on the situation your company is facing:
If your company or organisation or one of your trading contacts is faced with serious payment problems, it is of the utmost importance to call in an insolvency law specialist at the earliest possible opportunity. This may help to avoid bankruptcy. Advising directors and supervisory directors is very important too, because they are generally the ones to be targeted by creditors in situations where a company can no longer fulfil its obligations.
At Ploum, our specialists will advise and assist you. We offer our services in the following situations:
Vetting the organisation to establish its status in connection with statutory and contractual liability, security, financing risks, group agreements, insurance, and status administration and its significance;
Politicians and investigating officers take a keen interest in tackling bankruptcy fraud. Criminal investigations into bankruptcy fraud may be carried out if it emerges that creditors are being culpably disadvantaged in cases of bankruptcy.
The position of a bankruptcy trustee has not been forgotten during the debate on the Financial-Economic Crime Prevention (Extended Powers) Act. Bankruptcy trustees now have to devote more attention to any irregularities that might indicate bankruptcy fraud than was previously the case. In the event that any such irregularities are discovered, bankruptcy trustees are encouraged to report this to the Public Prosecution Service. The bankruptcy trustee’s assessment of transactions and payments effected by your company prior to bankruptcy may result in alleged bankruptcy fraud, and so may failure to keep the administration properly updated or failure to maintain any administration at all. An investigation into alleged bankruptcy fraud could shed a different light on transactions made by your company.
If your organisation is subjected to investigations into alleged bankruptcy fraud, our experts at Ploum can advise and assist you. Our insolvency law specialists will assist you during the civil procedure, and our fraud and white collar crime specialists can advise you during the criminal investigation on matters such as whether you should make a statement to the investigative authorities. We approach the Public Prosecution Service to settle the matter out of court wherever possible. If, however, court proceedings are inevitable, it goes without saying that we will assist you and/or your company during the proceedings.
The court appoints a receiver or liquidator to wind up a company in the event of bankruptcy. Although this is generally successful, things can sometimes go wrong.
At Ploum, our specialists advise and assist creditors, supervisory directors and shareholders who are in dispute with a receiver or liquidator on the way in which the bankrupt company is being wound up. In addition, we advise and assist liquidators and receivers during disciplinary proceedings or liability proceedings. Our colleague Jeroen Princen has more than 20 years’ experience of bankruptcy settlements, which means he knows exactly what liquidators and receivers can or cannot do in various circumstances. Jeroen also helped to compile the practical rules at the Insolvency Lawyers’ Association (INSOLAD).
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