Insolvency

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We are going through a period of many significant changes, some recent and others soon to be approved, which means that we must be constantly on alert in order to decide on the best strategy for our clients.

We advise in the main insolvency proceedings currently being conducted in Spain and have extensive experience in all business sectors. Our Insolvency Practice works in constant coordination with and receives the support of other practices of the firm such as its Finance, Tax, Litigation and Employment Practices, which provide added value to the practice ensuring that its team have the necessary skills to resolve the challenges facing the business world.

The insolvency team participates in group restructuring and debt refinancing, acts on behalf of and defends creditors, advises on directors’ liability participating actively in the assessment stage (sección de calificación) of the insolvency proceedings and advises on acquisitions of production units within the insolvency proceedings.  

In particular, within the area of insolvency we provide the following services:

Advising distressed companies

  • Acting in communications to open negotiations with creditors.
  • Preparing voluntary insolvency applications.
  • Participating in the negotiation of the draft proposal of creditors’ agreement or ordinary creditors’ agreement.  
  • Preparing the draft liquidation plan or ordinary liquidation plan.
  • Defending and representing the clawback actions brought by the liquidator or, alternatively, by a creditor.
  • Acting as legal counsel to the insolvent in the assessment stage of the insolvency proceedings, in the event of culpable insolvency.
  • Acting in all ancillary proceedings brought within the context of the insolvency proceedings, for termination of contracts and agreements, lodging claims and challenging the liquidator’s report, etc.

Advising creditors affected by the insolvency proceedings of a third-party company 

  • Preparing documentation for the necessary insolvency application.
  • Acting as legal counsel in clawback actions.
  • Participating in the assessment stage of the insolvency proceedings.
  • Negotiations with other creditors and the debtor for the execution of a creditors’ agreement.  

“The lawyers are extremely customer-oriented.” Chambers and Partners, 2021

“They look for solutions that can be implemented quickly.” Chambers and Partners, 2021

“Exhaustive technical knowledge, professional involvement, an immediate response capacity and remarkable negotiating ability.” Legal 500, 2021

 

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