Nienke Bobbert established her legal practice in Amsterdam in 1996. Since then, she has built an extensive advisory and litigation practice, specialising in insolvency law and liability law. Nienke completed two specialist postgraduate programmes in insolvency law and enterprise and liability law (cum laude). In 2019, she joined AMS Advocaten.

Areas of expertise

Nienke has over 25 years of experience in litigation practice, in particular in the fields of insolvency law, liability law, and contract law. In addition, she has been appointed as a bankruptcy trustee for more than 25 years. She is thoroughly familiar with the dynamics surrounding insolvencies.

In the field of directors’ and supervisory board members’ liability, Nienke has experience from both perspectives. She represents directors and supervisors as well as companies and (semi-)public institutions in liability disputes, both inside and outside bankruptcy proceedings.

In the past, Nienke has lectured for several educational institutions, particularly in the areas of insolvency law, directors’ liability, and contract law. She is a member of the Dutch Association of Insolvency Lawyers (INSOLAD). Nienke was also involved in the founding of the Stichting Insolventie Mediation (SIM).

Advisory work and dispute resolution

A significant part of Nienke’s practice focuses on dispute resolution. She advises the parties involved and mediates effective solutions to disputes, taking into account all relevant interests and weighing these against the often less attractive alternative of litigation. In doing so, Nienke also draws on her skills as a former registered mediator.

“A tenacious litigator can also be an effective negotiator.”

Where litigation is the best or unavoidable course of action, Nienke is a strong and strategic litigator, drawing on her extensive experience. Not only the litigation itself is important, but also advice on dispute resolution methods and litigation strategy. Prior to initiating proceedings, it is essential to conduct a thorough assessment of litigation risks and to carefully prepare a liability claim. Litigation is like a moving train: once you are on board, it is not easy to step off.

“Holding a director or supervisor liable is a matter of people and requires careful handling – particularly in bankruptcy situations.”

Nienke has successfully advised and litigated in a variety of areas:

Directors’ and supervisory board members’ liability

Nienke advises and litigates on behalf of directors and supervisory board members at the request of, or under the coverage of, major D&O liability insurers. The social unrest and parliamentary inquiry into housing corporations in 2015 had long-lasting consequences. Against this backdrop, Nienke successfully conducted multiple proceedings, both for and against housing corporations and their directors and supervisors, involving claims of several millions of euros.

Cooperation disputes

In 2022/23, Nienke advised in a cooperation dispute involving various stakeholders, including supervisory authorities in the semi-public sector. She successfully safeguarded public interests by litigating corporate governance issues within a foundation, an evolving area of law.

Commercial disputes

Nienke is involved in various complex international commercial disputes. For a well-established family-owned business, she acts in proceedings involving an interest exceeding EUR 10 million, with aspects of intellectual property and international law. In this context, she works closely with German partner law firms due to the interconnected proceedings in the Netherlands and Germany.

Bankruptcies

Nienke has been involved in the settlement of a large number of bankruptcies, including V&D (2016), Parfois (2020), Goose Craft (2023) and other fashion brands, sustainable start-ups and scale-ups, healthcare companies, childcare organisations, (logistics) trading companies and the Amsterdam ecological impact hub MijnStadstuin.

• In June 2023, Nienke was appointed as bankruptcy trustee in the bankruptcy of Polar Special Amsterdam (PSA), a major logistics and storage company for medical products. PSA handled the storage, ongoing sale and delivery of medical products for approximately ten suppliers, including deliveries to hospitals and pharmacies, as well as the financial settlement thereof. In consultation with the Inspectorate, the supply of critical medical products to hospitals was resumed within a few days. In close cooperation with the suppliers, the remaining products were released to them, ensuring continuity of supply. This was made possible by the commitment and assistance of PSA’s employees, the AMS Advocaten team on site during the initial weeks, and constructive cooperation with suppliers and their legal advisers. What remains is a complex financial settlement, involving financial experts, expected to result in a distribution of estate assets amounting to several million euros.
• In 2022, Nienke successfully realised a restart as bankruptcy trustee for the ecological impact hub MijnStadstuin in Amsterdam West. This involved cooperation with various stakeholders, including green entrepreneurs on the site, the original founder, the cooperative association Stadstuinen van West and the Municipality of Amsterdam. As a result, the innovative urban agriculture location was preserved, allowing various activities to continue, including green businesses, approximately 100 allotment gardens, a composting project and a food forest.

“A bankruptcy trustee must also serve broader societal interests and prevent unnecessary destruction of value.”

Grotius specialist programmes and MFN mediation

Nienke completed the postgraduate specialist programme Enterprise and Liability at the Grotius Academy (cum laude), as well as the *INSOLAD/Grotius specialist programme in Insolvency Law. In 2014, Nienke also completed the training programme to become an MfN registered mediator.