Marleen Jonckers

Marleen started working as a lawyer at Stibbe in 2017. Prior to that, she studied in Nijmegen, where she completed her master's degree in business and law cum laude. She made the switch to AMS in 2024. Marleen primarily advises and litigates in the field of insolvency law. She is also regularly appointed by the court as a trustee in bankruptcies.

Specialisms

As a lawyer and trustee, Marleen specialises in insolvency law. She particularly advises and litigates on everything related to companies in financial difficulties, such as directors' liability, detriment to creditors (fraudulent preference), the WHOA (Act on Confirmation of Private Schemes of Arrangement) and remedies. 

Marleen assists companies, officers, creditors and shareholders in dealing with restructuring, and can thereby also draw on the experience she gained in the international restructuring practice of law firm Milbank in London.

Alongside her work as a lawyer and trustee, Marleen is a lecturer at the Law Firm School, publishes regularly and was a board member of the Vereniging voor Jonge Insolventierecht Advocaten (Netherlands Young Insolvency Lawyers Association) for three years.

Track record

• Attorney for various companies in restructuring their debts, implemented through the enforcement of a right of lien on shares, a UK scheme of arrangement, WHOA or without judicial involvement.
• Attorney for (ad hoc) groups of creditors in the context of a restructuring of their debtor's debt, implemented through the enforcement of a right of lien on shares, a UK scheme of arrangement, WHOA or without judicial involvement.
• Attorney for directors and supervisory directors of various companies that were in financial dire straits: advising on rights, duties and risks in the context of a rescue plan, restructuring, or in preparation for possible insolvency proceedings.
• Involved in the settlement of several bankruptcies, including the bankruptcy of Amsterdam Trade Bank N.V.
• Involved as (assistant) administrator in several payment moratorium agreements.
• Attorney for a bank in various proceedings following bankruptcies of its clients (including disputes on the settlement of rights of lien, processing of payments into bank accounts, offsetting, provision of information).
• Attorney for a financier in proceedings on the prohibition on matters including fiduciary transfer and actio pauliana (fraudulent preference).
• Involved in a closed WHOA scheme of arrangement in which a firm associate was appointed as restructuring expert.
• Attorney for companies and/or their officers following fraud committed within the company.
• Attorney for a wind farm operator in contract termination proceedings.
• Involved in the appointment of a silent trustee within the meaning of the Elektriciteitswet (Electricity Act) and the Gaswet (Gas Act).
• Attorney for buyers and sellers in various post-M&A disputes (binding opinion, summary proceedings, ICC arbitration).

Areas of legal competence register

Marleen has registered insolvency law and civil procedural law as her principal areas of legal competence in the Netherlands Bar (NOvA) Areas of Legal Competence Register. Based on this registration, she is obliged to obtain ten training credits in each registered principal area of legal competence per calendar year, according to the standards of the Netherlands Bar.