Insolvency

Insolvency & restructuring

Whether you are a creditor protecting a claim or a business seeking a way through, we act decisively when finances are under pressure.

Financial distress moves quickly, and the right early action often determines the outcome. We act for creditors enforcing and protecting their claims, and for companies looking for a restructuring or an orderly recovery. Aruban insolvency law follows the Dutch tradition, with bankruptcy (faillissement) and a moratorium of payments (surseance van betaling) as the main formal routes.

For creditors, that means filing and defending claims, requesting a debtor's bankruptcy where appropriate, securing assets and challenging transactions that unfairly reduce the estate. For businesses, it means assessing whether a restructuring, moratorium or negotiated settlement gives the best chance of survival. We combine insolvency work with our litigation and collections practice, which is where many of these matters begin.

What we help with

Insolvency matters

Who we act for

Creditors — including Dutch and international suppliers and lenders — who need to protect or recover a claim, and businesses under financial pressure that need a realistic route forward.

Frequently asked

Insolvency — your questions

How do I recover a debt from a company that may be insolvent?

Options range from enforcement and attachment to filing a bankruptcy petition to pressure payment or realise assets. We advise on the most effective route for your claim and act quickly to protect your position.

What is 'surseance van betaling'?

It is a moratorium of payments — a formal breathing space that can give a viable business time to restructure and avoid bankruptcy. We assess whether it fits your situation and handle the process.

Can a transaction be undone in a bankruptcy?

Yes. Transactions that unfairly disadvantaged creditors before the bankruptcy can be challenged (the pauliana). We advise creditors and trustees on when this applies.

Do you act for creditors, debtors, or both?

We act for creditors protecting claims and for businesses seeking restructuring or recovery — always without a conflict of interest in the same matter.

A claim to protect or a business under pressure?

Early advice changes outcomes in insolvency. Tell us the situation and we will set out the fastest route to protect your interests.

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