Recovery & Enforcement
Having a claim is one thing; actually recovering it is another. If the counterparty offers insufficient recourse, the question soon arises who else may be held liable and where recovery is still possible, particularly when assets are siphoned off or concealed through structures.
In such situations, the director of a company often comes into focus and asset recovery plays a central role, frequently in conjunction with insolvency law. Filing for bankruptcy may be used as a pressure tool to enforce payment, provided it is applied strategically and carefully.
This expertise also covers civil fraud cases. In such matters I work together with specialists in financial-economic criminal law, forensic investigation and asset tracing. The practice requires a combination of knowledge of insolvency law, attachment and enforcement law, corporate law and liability issues.
Experience
- Filing for the bankruptcy of an asset management BV due to unpaid management fees, resulting largely in payment and a settlement.
- Assistance to a victim of large-scale international advance fee fraud in recovering damages from involved entities.
- Defence of a director of a bankrupt company in a liability procedure against a major insurer.
- Regular involvement in bankruptcies during the period 2020–2023, both for trustees and in proceedings against trustees.
