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Insolvency Law

The economic situation over recent years has reactivated the speciality in Insolvency Law.

In our case, this is precisely the discipline that differentiates us as a highly specialised legal firm, with wide experience, representing insolvent parties and creditors whilst also having experience as Receivers.

Contractual advice

  • Review of contracts, with special emphasis on the effect that it could have for the parties in a hypothetical case of insolvency.
  • Formalisation of guarantees that meet the requirements so that they are not refundable in insolvency proceedings.
  • Advice for acquisition of companies (or production units) involved in insolvency proceedings, designing mechanisms to avoid the entailment of liabilities of all kinds.

Pre-insolvency proceeding advice and refinancing advice

Concerning the former, we undertake pre-insolvency proceeding reviews which permit identifying, valuing and correcting the risks in which the administrators of an insolvent company could incur. In practice this aims to avoid insolvency proceedings.

As far as refinancing is concerned, the possibility of reaching agreements with the different creditors, whether professionals or otherwise, can be a solution for a company in a critical situation. In short, these are especially relevant and significant agreements for the immediate future of companies.

Our team specialises in negotiating this kind of agreements, particularly for inclusion of essential aspects that could affect the future insolvency proceedings.

Insolvency advice

We are ready to represent and defend the interests of all participants in insolvency proceedings: the insolvent party, the creditors and third parties. In general, our principal action in this specific discipline is as follows:

  • Initiation of proceedings in supposed cases of insolvency in order to process an agreement proposal and quickly leave the situation of insolvency.
  • Submitting an application for insolvency, whether in cases of voluntary or forced proceedings.
  • Credit alleging and protection and defence thereof in order to achieve greater possibilities of recovering debts, including VAT debts.
  • Intervention in the qualifying piece.
  • Defence before possible refund action put forward.
  • Drafting agreement proposals and viability plans.
  • Advice and formalisation of advanced agreement proposals.
  • Drafting of liquidation plans, including ordinary plans and any cases of advance liquidation.