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Michael Broeders

Partner

Disputes, litigation and arbitration, Financing and capital markets,

Very eloquent and knowledgeable, technically very skilled and brings a commercial overview.

Client quotation, Chambers 2019

Profile details

About Michael Broeders

Michael’s practice focuses on restructuring, insolvency and related litigation.

With a background in corporate M&A and corporate litigation, he works on (distressed) transactions, represents clients in restructuring related litigation cases and advises on crisis situations. His work also includes advising clients on managing/supervisory director and shareholder liability issues and disputes; fraudulent conveyance; set-off and security rights.

In 2005, Michael was seconded to the US law firm Paul, Weiss Rifkind Wharton and Garrison where he worked on bankruptcy-related litigation and Chapter 11 matters. Michael is a member of Insolad, the Dutch association of insolvency practitioners.

He is a member of the global transactions group and the financial institutions group.

He speaks English and German, along with his native Dutch.

 

Publications

  • Publishes regularly on corporate and insolvency law subjects for publications such as Ondernemingsrecht (the Dutch Journal of Company Law), FIP, and JOR
  • Contributor to the insolvency and restructuring publication in the series Getting the Deal Through
  • Acted as Preadviseur for the Koninklijke Notariële Beroepsvereniging (Royal Dutch Notarial Association) and wrote the Preadvies titled Notaris, Onderneming and Insolventie (Notary, Company and Insolvency).
  • A contributor to Corporate Internal Investigations - an international guide (2008)

Recent work

  • Advising Getronics in relation to its global restructuring and transfer to new ownership.
  • Advising HAL Investments B.V. in relation to its participation in the restructuring and acquisition of Royal IHC B.V.
  • Advising Hexion Nederland B.V. in relation to the Chapter 11 of Hexion Inc.
  • Advising the security holder in relation to the restructuring and insolvency of Intertoys B.V. and the enforcement sale of the business.
  • Advising the security agent in relation to the enforcement of its security rights in respect of a €600m commercial real estate portfolio and acting in litigation commenced by the debtor(s) seeking to prevent enforcement.
  • Defending the former CEOs (of two Dutch financing companies) of a South America based telecoms operator in litigation before the Dutch courts against liability in tort commenced by certain holders of notes and bonds.
  • Advising Dutch Van Gansewinkel Groep, a waste and energy business, on its €800m restructuring implemented by way of an English law scheme of arrangement.
  • Advising certain lenders, the security agent and the common agent for the entire financing transaction in respect of Dutch company Royal Imtech, including the enforcement actions following its insolvency.
  • Advising Estro, active in the childcare business, on its restructuring and negotiation with its creditors, and on its negotiation with its silent administrator.
  • Advising the former directors of DSB Bank on its bankruptcy, including on the settlement with the bankruptcy trustees.
  • Advising several financial institutions on the restructuring of their interest rate derivative exposure on Vestia.

Qualifications

Education

  • Rijksuniversiteit Leiden, law

Professional memberships

  • Board member of the board of Insolad (Dutch association of Insolvency Lawyers)