David Heems

David Heems

Advocaat | Counsel


+31 20 605 69 52
+31 6 5184 5314




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David specialises in commercial, financial and insolvency litigation. He advises and litigates for companies and national and international investment companies, with a focus on distressed situations. He is often involved in cross-border restructuring. Most notably, he was involved in the litigation concerning DSB Bank, OSX and Oi. In 2017, David was seconded to ING Bank as in-house counsel in the Commercial Banking and Global Restructuring Department where he was involved in various litigation and recovery matters.

He regularly lectures on a range of insolvency related topics and has been a lecturer in insolvency law at the University of Amsterdam for almost 10 years. He is also a teacher at the Law Firm School. David is Vice-Chair of the International Bar Association committee on Reorganisation and Workouts.

Qualifications & Experience

  • Master's Degree in Dutch Law (cum laude) (Radboud University Nijmegen)
  • 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.