Case

CASES FINANCING, SECURITIES & LEASING

Pre-Insolvency Issues in the Retail Sector
Over the firm’s history, we have represented a large number of retail companies, including Miss Etam, V&D and CoolCat, in relation to refinancing and pre-insolvency issues. Together with the boards of the companies, we have tried to obtain refinancing in order to ensure the companies’ continuity. In this context, we have also advised the boards on their actions during such refinancing processes so as to avoid liabilities in the event of a possible bankruptcy.

Bankruptcy of Eurocommerce
Rabobank turned to us to deal with the bankruptcy of Eurocommerce - one of the largest real estate developers in the Netherlands at the time - and restructure the entirety of the mortgaged real estate portfolio to position the property for a phased sale, which secured the highest possible amount in recovery for Rabobank, despite the eventual bankruptcy of Eurocommerce. We also represented Rabobank in various proceedings regarding improper withdrawals from Eurocommerce that caused financial harm to Rabobank as the security holder. The proceedings ultimately resulted in the recovery of millions of euros in improperly withdrawn funds for Rabobank.

Financial and Corporate Restructuring
We advised a healthcare company on financial and corporate restructuring (downsizing of operations) in order to ensure the company’s continuity. Following the overall restructuring, the healthcare company secured refinancing, downsized its operations and will continue to provide care to thousands of patients each year.

Termination of Credit Relationship
Wijn & Stael provided legal counsel to a large (private) banking institution in disputes with a real estate company regarding the termination of the credit relationship and the enforcement of securities. Our attorneys successfully litigated various cases that resulted in termination of the credit relationship and full repayment of the debt to the banking institution.

Pre-Insolvency Issues in the Travel Sector
Thomas Cook Nederland availed itself of the counsel we provided on pre-insolvency issues the travel company and its directors faced when the organization ran into financial difficulties.

Leasing
As a preferred supplier of one of the larger leasing companies in the Netherlands, we are closely involved in providing new leasing solutions and in restructuring existing leasing solutions, including enforcement as necessary.