Debt Restructuring and Insolvency Law
This is an interdisciplinary department that brings together, as required, experts in Procedural Law (defence of claims against or from third parties and management of insolvency proceedings), Commercial Law (agreements on capital increases or reductions, mergers or demergers, winding up and liquidation, legal representation in proceedings where directors are held liable or there are disputes between shareholders or partners), Labour Law (redundancy procedures, dismissals, negotiation with the Social Security Administration …), Tax Law (reallocation of assets, financial structure, debt deferral requests to the AEAT, management of tax audits), Economic Crime (criminal implications of business decisions leading to a possible concealment of assets, insolvency fraud, misappropriation, fraud, falsehood…) and Project finance.
By designating a managing attorney, we guarantee that all decisions made by the professionals involved are in accordance with the plan made regarding the case concerned, in order to achieve the proposed final goal.
As a first step our team advises the client on the best way to deal with the crisis at their company and the measures to be taken in each case (filing a petition in insolvency, closing down the business, out-of-court debt restructuring…). These measures are contingent, to a large extent, upon already-adopted resolutions, so we recommend turning to a lawyer at the first stages of the crisis.
When making such decisions, we bear very much in mind the need to protect company partners and directors from civil and criminal liability claims against them, as well as the viability of the business.
- Some of our lawyers have participated as managing attorneys in many insolvency proceedings, under both the new and former regulations concerning this subject.
- We closely collaborate with a strong team of external auditors and economists.
- We represent and defend your interests as creditors in insolvency proceedings, providing information on your credits and challenging the list of creditors if these are not recognised or are not properly rated.
Out-of-court restructuring of business liabilities
- We review the circumstances of your company and advise you on the viability of reaching agreements with your creditors without having to undergo insolvency proceedings.
- We either personally negotiate or support you in negotiations with your creditors to reach agreements on the reduction or deferral of the debt payment.
Liquidation and Dissolution of Companies
- We prepare all the documents required under Commercial Law to liquidate and dissolve your company: minutes of meetings and certificates issued by the governing bodies, including all the required resolutions, revision of the articles of dissolution, liquidation and elimination and, as the case may be, the final balance sheets for the dissolution of the company.
- We analyse your financial statements and prepare the necessary supplementary documents to prevent company members and directors from incurring any liabilities: filing annual accounts, equity loans, etc.
An opportunity to gain flexibility, confidence in decision-making, legal security and, above all, solutions you are probably unaware of.