Debt Restructuring and Bankruptcy Law

Traducciones: esES itIT

Debt Restructuring and Bankruptcy Law

This is an inter-disciplinary department bringing together, as necessary, experts in litigation(defending claims against or from third parties, handling bankruptcy proceedings), commercial law(deciding on capital increases or reductions, mergers or spin-off splits, winding up and dissolving a company, defending directors who are held liable and dealing with disputes between company members), labor law (mass lay-off proceedings, dismissals, talks with the Social Security Administration …), tax law (reallocation of assets, financing structure, managing the rescheduling of tax debts, handling tax audits), economic crime (criminal implications of business decisions arising from a possible concealment of assets, criminal insolvency, misappropriation, embezzlement, falsehood…) and Project finance.

By appointing a lawyer to liaise in each case we guarantee all decisions by the professionals involved will be taken according to the plans that have been made, with a view to achieving the proposed ultimate objective.

As a first step our team advises the client on the best way to deal with the crisis at his company and the measures to be taken in each case (bankruptcy proceedings, closing down the business, out-of-court debt restructuring…). These measures are contingent, to a large extent, on the decisions already taken, so we recommend seeing your lawyers the moment the crisis breaks out.

In taking the relevant decisions we bear very much in mind the need to protect company members and directors from liability or criminal responsibility claims against them, and the viability of the business.

Bankruptcy Law

  • Some of the lawyers in our Firm have taken part, as the managing attorneys, in many bankruptcy proceedings under both the new law on the subject and that previously in force.
  • We have a solid external team of auditors and economists who collaborate closely with us.
  • We represent and defend your interest as creditors in bankruptcy proceedings, reporting your debt-claims and opposing the list of creditors if these fail to be recognized or are not rated properly.

Out-of-court restructuring of business liabilities

  • We review the circumstances of your undertaking and advise you on the viability of reaching agreements with your creditors without having to undertake bankruptcy proceedings.
  • We personally negotiate or provide support to our clients in negotiating with your creditors to make arrangement or deferral of payment agreements.

Winding up and Dissolving Companies

  • We draw up all the documents required under commercial law to wind up and dissolve your company (minutes of meetings and certificates of all the decisions required to be taken by the Directors and the Members or Stockholders Meeting, review of the deed of dissolution and liquidation as well as of the deed of extinguishment, as the case may be, final balance sheets on dissolving the company…)
  • We analyze your financial statements and prepare the necessary supplementary documents to prevent company members and directors from incurring any responsibilities (filing of the accounts, participation loans…).

An opportunity to achieve:
Flexibility, safe decision-making, legal security and, above all, solutions of which you are probably not aware.

Artículos de estudio y opinión sobre el área Reestructuraciones y derecho concursal en nuestro BLOG

Traducciones: esES itIT