Advocaat | Senior Associate
David specialises in commercial and financial litigation, as well as insolvency law, corporate recovery and restructuring. David is involved in cross-border restructuring, also in the context of insolvency proceedings. In 2013 and 2017, David was seconded to ING Bank, where, as in-house counsel in the Commercial Banking and Global Restructuring Department, he was involved in various litigation and recovery matters. Since 2009, David has lectured on insolvency law at the University of Amsterdam. He is also a teacher at the Law Firm School.
Qualifications & Experience
- Master's Degree in Dutch Law (cum laude) (Utrecht University)
Houthoff represented ING Commercial Finance in a Supreme Court concerning 'surplus sharing arrangements'. Such arrangements provide lenders of the same debtor with rights for recourse on a potential surplus in the collateral provided to each of the other respective lenders. The Supreme Court confirmed that such arrangement is enforceable if a bankruptcy of the debtor follows (‘bankruptcy proof’) , under the condition that the debtor was a party to this arrangement. Considering the volume of surplus sharing arrangements used by credit institutions as security arrangement, this judgment is of prime importance for financial institutions active on the Dutch market.
Click here for the judgment of the Supreme Court.