NVRII/NACIIL ANNUAL MEETING 2025 SEMINAR

‘Wegpoets WHOA’ or Scheme of Erasures?
Difficulties of applying transaction avoidance in reorganization procedures 

Reorganization procedures aim to capture the going concern value for creditors by right-sizing the capital structure or providing creditors with a necessary and often overdue hair-cut. These metaphors do not take away that creditors are commonly forced to accept less than full payment on their claims. Reorganization procedures are an alternative and sometimes better way to deal with insolvent companies than to liquidate the company and the business.

Not only the outcome of a reorganization procedure is remarkedly different from a liquidation procedure, also the way of dealing with the past is quite different. In case of liquidation procedures an appointed Insolvency Practitioner will review transactions conducted prior to insolvency through the lens of transaction avoidance and review behavior of directors and shareholders through the lens of liability. Reorganization procedures are geared towards saving the business and the company and is thereby by default forward looking, as a consequence of which there appears to be little emphasis for transactions that were completed previously. Reorganization procedures could in some cases even be used to prevent looking back. During the 2025 NACIIL annual meeting, we will explore the dilemmas as to looking back in a reorganization procedure from a US, English and Dutch Perspective.

Registration is open. Members please click the link in the invitation e-mail, others please subscribe through the contact form on the website.

Practical information
When: Tuesday 3 June 2025, 13:00
Where: Houthoff, Gustav Mahlerplein 50, Amsterdam
Costs: EUR 50 (members)/EUR 75 (non-members). Limited free spots for members of the judiciary and (Phd) students upon request (please contact the secretary through secretaris@nvrii.nl to request free participation)

Program
13:00 – 13:30 Registration

13:30 – 13:35 Welcome by Christiaan Zijderveld, Houthoff

13:35 – 13:40 Opening by chair of NACIIL, prof. Rolef de Weijs, UvA & Houthoff

13:40 – 14:10 Prof. Brook Gotberg, BYU University on US experience and way forward

14:10 – 14:30 Q&A Audience

14:30 – 14:45 Break

14:45 – 15:15 Prof. Sarah Paterson, LSE and Slaughter and May, English perspective on vulnerable transactions under Schemes

15:15 – 15:30 Q&A Audience

15:30 – 15:45 Break

15:45 – 16:15 Krijn Hoogenboezem, RESOR Amsterdam, Dutch perspective on transaction avoidance under WHOA

17:00 – 18:00 Closing remarks and drinks