Houthoff Buruma represents ING Commercial Finance in defending a case before the 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. Recent Supreme Court decisions have raised questions with scholars and financial markets on the enforceability of surplus sharing arrangements in case of bankruptcy of the debtor. Considering the volume of surplus sharing arrangements used by credit institutions, it is of importance that the Supreme Court provides clarity in this respect.

Houthoff Buruma team included: Bart van der Wiel