Herstructureringsdeskundige
Restructuring Expert
A court-appointed independent expert who, in the context of the WHOA, assists the parties in preparing and negotiating a restructuring plan.
The restructuring expert is a court-appointed individual possessing specific expertise in restructurings. This expert may be appointed at the request of the debtor, a creditor or a shareholder and is tasked with facilitating the process leading to a possible restructuring plan.
In practice, the restructuring expert advises on the feasibility of a restructuring plan, gathers information from the parties involved and may himself prepare a proposal for a restructuring plan. His role is particularly relevant where certain creditors resist or where the debtor is unable to generate sufficient support on his own.
The appointment of a restructuring expert frequently occurs in complex WHOA proceedings involving multiple interests, where a neutral third party is required to advance the process and increase the likelihood of a successful restructuring plan.
“The court appointed a restructuring expert to facilitate the negotiations between the company and its principal creditors.”
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