Nienke Bobbert

Nienke Bobbert started working as a lawyer in Amsterdam in 1996. Since then she has built up an extensive advisory and litigation practice, specialising in insolvency and liability law. Nienke has completed two specialist courses: insolvency law and corporate liability law (cum laude). She joined AMS Advocaten in 2019.

Specialties & track record

Nienke has over 25 years’ experience in litigation practice, particularly in the areas of insolvency law, liability law and contract law. She has also been appointed as a trustee in bankruptcies for more than 25 years. She knows the issues surrounding insolvencies better than anyone.

When it comes to the liability of directors & officers and regulators, Nienke is also familiar with the issues on both sides. She advises directors & officers and regulators as well as companies and (semi-)public institutions in liability disputes, both in the context of bankruptcy and otherwise.

Nienke has taught at various educational institutions in the past, mostly in insolvency law, director liability and contract law. She is also a member of the Vereniging Insolventierecht Advocaten (Dutch Association of Insolvency Practitioners - INSOLAD). Nienke was involved in the founding of Stichting Insolventie Mediation (Insolvency Mediation Foundation - SIM).

Advice and dispute resolution

An important part of Nienke's practice focuses on dispute resolution. Nienke advises the parties involved and mediates in finding effective solutions to disputes. This process considers all relevant interests, weighing them against the (often less attractive) alternative option of litigation. Here, Nienke draws on her skills as a former registered mediator.

’A combative litigator can settle well’

If litigation is the best way forward or unavoidable, Nienke's vast experience makes her a firm and strategic litigator. It is not only the litigation itself that is important, but also advice on the method of dispute resolution and the litigation strategy. It is important to conduct a thorough analysis of the chances of litigation ahead of proceedings and prepare a claim for liability carefully. Litigation is like a moving train: once you are on it, you cannot easily get off.

‘Holding a director or regulator liable is an art and must be done carefully - especially in a bankruptcy situation’

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

Liability of directors & officers and regulators

Nienke advises and litigates on behalf of directors and regulators at the request of or under the cover of major directors’ and officers’ (D&O) liability insurers.
 The social disquiet and parliamentary inquiry in 2015 regarding housing associations has had a long-lasting impact. Against this background, Nienke has successfully litigated several cases both for and against housing associations and their directors & officers/regulators. The sum at stake was several million euros.

Collaboration disputes

In 2022/2023, Nienke's work included advising in a collaboration dispute involving various stakeholders, including regulators in the semi-public sector. Nienke was able to pursue community interests by litigating on corporate governance at the foundation, which is an area of law that is in flux.


Trade disputes

Nienke is involved in a variety of complex international trade disputes. She is acting for a successful family firm in a case with more than 10 million euros at stake and involving IPR and international law issues. Here, she is working closely with German partner lawyers because of the interconnected nature of the proceedings in the Netherlands and Germany.

Bankruptcies

Nienke has been involved in winding up 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 and day nurseries, (logistics) trading companies and the Amsterdam ecological impact hub 'MijnStadstuin'.


• In June 2023, Nienke was appointed as trustee in the bankruptcy of Polar Special Amsterdam (PSA), a large logistics and storage company for medical products. PSA handled the storage and continuous sales and delivery of medical products to customers including hospitals and pharmacies for a dozen suppliers, as well as the financial settlement. In consultation with the Inspectorate, the short-term supply of critical products to hospitals was resumed within days. In close consultation with the suppliers, the remaining products were released to them and the continuous supply of medical products secured. All this was possible because of the commitment and help of PSA's employees and the team at AMS Advocaten which supervised the winding-up process on site during the first few weeks, as well as the constructive collaboration with suppliers and their lawyers. The complex financial settlement still has to be carried out, with the engagement of financial expert, which should lead to the distribution of several million euros in assets.
• In 2022, in her role of trustee, Nienke managed to secure a restart for the ecological impact hub 'Mijnstadstuin' in Amsterdam West. For this she collaborated with various stakeholders including the green businesses on the site, 
the original founder, the cooperative association Stadstuinen van West and Amsterdam City Council. This allowed the pioneering location for urban agriculture to be preserved, enabling various activities to continue, including the green businesses, 100 or so allotments, a compost project and the food forest.

’A trustee must also serve general societal interests and prevent the unnecessary destruction of capital’

Grotius specialist course and MfN Mediation

Nienke has completed the postgraduate specialist course in Corporate Liability Law at the Grotius Academie (cum laude) as well as the INSOLAD/Grotius specialist course in Insolvency Law. Nienke completed training as an MfN registered mediator in 2014.

Areas of Legal Competence Register

Nineke’s principal registered areas of legal competence in the Dutch Bar Association’s Areas of Legal Competence Register are insolvency law and corporate law. Pursuant to this registration, she is obliged to obtain ten training credits in each registered principal area of legal competence every calendar year in accordance with the standards of the Dutch Bar Association.