Restart after bankruptcy

A bankruptcy does not have to mean the end

A bankruptcy is significant, but it also presents opportunities. In many cases, a restart is possible: the continuation of (parts of) the business through a new entity. In this process, the assets such as inventory, stock, and customer database are taken over and thus purchased from the curator by a third party, while the debts remain with the bankrupt entity. That third party can also be a limited liability company (B.V.) of the same director as the bankrupt company.

A successful restart requires good preparation, strategic insight and a well-considered approach towards the curator and other involved parties. 

What does a restart entail? 

In a restart, the assets of the bankrupt business are taken over by, for example, another B.V. or by you as an entrepreneur in private capacity. These can be tangible assets (such as machines, vehicles, or inventory) but also intangible assets such as the trade name, website, customer data, or trademark rights. 

The restart offers space for a fresh repositioning, but also raises important questions: 

• Is there sufficient financing and working capital available? 
• Will customers return? 
• Is the staff willing to re-enter employment? 
• In what legal and commercial form do you want to proceed? 

We guide you step by step in this process from strategic consideration to negotiation with the curator. 

Our approach: practical and results-oriented 

Our specialists assess, together with you, the feasibility of a restart and assist you with: 

• Drafting a realistic business case; 
• Legal structure of the new entity; 
• Acquisition of assets from the bankruptcy; 
• Negotiations with the curator; 
• Evaluation of labor law aspects. 

Thanks to our experience as curators, we know what the playing field looks like and what is needed for a promising restart. This enables us to achieve the best possible result for you. 

Are you considering a restart after bankruptcy? Please contact our specialists for a quick and strategic assessment of your options.