Ius + Aequitas | Despacho de abogados en Madrid y Santander

BANKRUPTCY

Bankruptcy and Restructuring

In order to meet the objective of preserving the activity and value of the company in the context of an insolvency proceeding, our firm has among its partners and lawyers five (5) insolvency administrators, with extensive experience and great professional recognition, who have been acting as such for more than twenty years in most of the Commercial Courts throughout Spain, as well as lawyers specialized in this area of practice.

 

They are professional experts in the treatment of these situations, both from the procedural point of view (bankruptcy proceedings) and refinancing, who have intervened in bankruptcy administrations of large corporate groups, listed companies -such as VERTICE 360º- (by designation of the National Securities Market Commission), in bankruptcy proceedings with a marked criminal nature and incidence, complex sales of large production units...

 

As a result of this high specialization in the area of insolvency, the Firm has been recognized by “Leaders League” in 2020, in the category of “Insolvency Litigation” and “White-Collar Crime & Investigations”.

 

The services offered by the Firm in connection with the management and treatment of insolvency situations are as follows:

 

- Defense of our clients' claims in the Common Phase, Agreement Phase, Liquidation Phase and Qualification Phase of the insolvency proceedings, or in an eventual Out-of-Court Payment Agreement and/or Refinancing Agreement.

 

- Design and organization of refinancing processes in companies and/or groups of companies, through Extrajudicial Payment Agreements and Refinancing Agreements.

 

-Valuation, due diligence and verification of Production Units, for their transfer and/or acquisition.

 

- Filing of “express bankruptcy proceedings”.

 

-Processing of employment regulation proceedings (ERTEs and EREs) within the insolvency process.

 

-General monitoring of the bankruptcy proceedings, with the following specific actions:

 

Actions during the Common Phase of the bankruptcy:

- Communication of the credits to the Insolvency Administration and appearance in the insolvency proceeding(s).

 

- Request for declaration of non-essential assets (to enable separate foreclosure).

 

-Challenge of the List of Creditors and/or Inventory of Assets and Rights, of the provisional report and of the Definitive Texts for the recognition of the credits and of the market value of the assets of the Real Value of the Guarantee.

 

Follow-up of the bankruptcy through the review of all writs filed and resolutions issued in order to analyze their possible influence on the client's interests.

 

- Review of bankruptcy incidents of any nature (requests for sale of assets, precautionary measures, challenges to the List of Creditors and/or Inventory of Assets and Rights, the interim report and the Definitive Texts, credits against the mass and retribution of the Bankruptcy Administration) presented by the debtor, by the Bankruptcy Administration or by other parties and, if applicable, opposition to them, provided that they may affect the client's interests.

 

o Proceedings during the Settlement and/or Liquidation Phase (Section 5):

 

- Allegations and observations against the eventual Advance Arrangement Proposal, Ordinary Arrangement Proposal, Evaluation Report of the Insolvency Administration and/or Liquidation Plan; including, if applicable, the intervention in the Meeting of Creditors.

 

- Opposition against the sentence that approves the eventual Advance Arrangement Proposal or Ordinary Arrangement Proposal.

 

- Review of processes of sale of assets and related bankruptcy incidents of any nature (requests for sale of assets, transfer of Production Units), presented by the debtor, by the Bankruptcy Administration or by other parties and, if applicable, opposition to the same, provided that they may affect the interests of the client.

 

- Requests within the insolvency proceeding for authorization of separate execution of assets (foreclosures outside the insolvency proceeding).

 

- Review of price distribution among privileged creditors (with real guarantees) in case of balloon sales or transfer of production units.

 

o Actions during the Qualification Phase (Section 6), consisting of the appearance in person and written pleadings in the insolvency qualification piece including, if applicable, intervention in the qualification hearing; intervention, if applicable, in the piece of precautionary measures.

 

o Actions in an out-of-court payment agreement (AEP):

 

-Communication of the credit and verification of its inclusion and correct qualification and quantification in the List of Creditors prepared by the Insolvency Mediator.

 

- Verification and analysis of the content and proposal of the AEP.

 

- Intervention in the negotiations with the debtor and the Insolvency Mediator.

 

- Attendance, if necessary, at the Meeting of Creditors and communication of the vote in relation to the content of the proposal of the AEP.

 

- Challenge, if necessary, of the AEP, by filing the appropriate lawsuit.

 

- Attendance, if held, at the hearing to challenge the AEP.

 

o Actions in a Refinancing Agreement (RA):

 

-Communication of the credit and verification of its inclusion and correct qualification and quantification in the List of Creditors prepared by the debtor and/or the auditor in charge of verifying the eventual majorities.

 

- Verification and analysis of the contents and proposal of the AR.

 

- Intervention in the negotiations with the debtor.

 

- Challenging and/or requesting a declaration of default, if applicable, of the RA, by filing the appropriate lawsuit.

 

- Attendance, if held, at the hearing of challenge and/or declaration of default of the AEP.

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