Insolvency and Restructuring
When things go wrong, we can help to set the situation straight. From payment issues, international recovery to financial and operational restructuring, we support your company by balancing the legal, commercial and strategic risks when it comes to insolvency issues.
We look at the ‘bigger picture’ for the best possible outcome
Disputes between parties, management buyouts, changes in ownership, rising costs and uncertain financial times can all trigger insolvency issues and the need to restructure. Or perhaps you are on the other side and are looking at issues like international debt recovery?
Our experts look at the ‘bigger picture’ to find the best possible outcome for all types of insolvency-related issues from debt restructuring and debt recovery to obtaining protection against creditors, final negotiation or litigation.
How we can help
Safeguarding
the continuation of their activities, we are helping clients reorganize through out-of-court restructuring or by requesting protection from creditors, drafting, negotiating and implementing a reorganisation plan
Analysing
and improving creditors’ positions regarding guarantees and securities
Defending
clients’ interests when business partners are bankrupt, on the verge of insolvency or are applying for judicial protection against their creditors
Obtaining
judicial protection, whether in the framework of the Belgian Economic Code (Book XX) or through the recognition of foreign protective court orders
Recovering
(un)secured claims or unpaid goods from companies under judicial protection or bankrupt companies
Taking
over the assets of businesses as a going concern from companies that are under judicial protection
Our Experts in
Insolvency and Restructuring Law
Our latest insolvency & restructuring news
New insolvency landscape on the horizon: more options for companies to reorganise and restructure
Belgium had accumulated a significant legislative backlog within insolvency law. The European Directive 2019/1023 on restructuring had to be transposed into national law by the member states by 17 July 2022 at the latest. The Belgian government did not submit a draft bill to this effect until 20 March 2023. This draft has since been voted into law and will enter into force on 1 September 2023.
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Heiploeg’s impact on Belgian insolvency law
The European Court of Justice’s (“ECJ”) Plessers judgment seemed to cause a serious threat for the applicability of the Belgian reorganisation procedure by transfer under judicial supervision, and the right of the interested buyer of the debtor’s activities to choose which particular employees it would take over. But, in the end, it has turned out to be “much ado about nothing”.
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No automatic liability for directors who do not ring the alarm bell
On 16 September 2021, the Antwerp Court of Appeal ruled on the liability of the directors of a company that did not respect the so-called ‘alarm bell procedure’.
Read moreBrussels Finest Lawyers
At ALTIUS, we look at your business from two different angles: legal
practice and industry sector. Our teams of specialised lawyers are
additionally grouped into dedicated, cross-specialty, industry-focused
teams. Whether you are looking for a dedicated legal specialist or a
team of industry insiders, at ALTIUS, we got your legal issue covered.
Choosing ALTIUS
as your Legal Partner
means…
At ALTIUS, we believe business is always personal. That’s why we’re so much more than just great lawyers; we are team players and relationship builders. Combining legal excellence with passion, optimism, and good judgement, we bring a fresh perspective and genuine commitment. Whatever your legal challenges, we think in new ways and find innovative solutions.