End of the moratorium on insolvency proceedings in Spain: consequences for creditors
After the insolvency proceedings begin, creditors have a one-month limit to communicate their claims against the insolvent debtor.
New bankruptcy moratorium in Spain until 30th June 2022
The Government of Spain has extended the bankruptcy moratorium for the third time until 30th June 2022. Insolvency debtors will not have a legal obligation to file for bankruptcy until the middle of next year.
The foreign creditor in bankruptcy proceedings in Spain (3): Termination of contracts
Regarding the termination of contracts with reciprocal obligations in the context of bankruptcy declaration, the Spanish regulations distinguish between contracts pending fulfilment by one of the parties or by both parties.
The foreign creditor in bankruptcy proceedings in Spain (2): The communication of credit
The deadline for the communication of credit by the foreign creditor is one month after the publication of the declaration of bankruptcy in the Spanish Official Gazette (BOE). Although it is not mandatory, the foreign creditor should make such communication for its qualification and subsequent payment.
The foreign creditor in bankruptcy proceedings in Spain (1): Bankruptcy processing
Declaring insolvency proceedings in Spain entails its consideration as “main bankruptcy” and implies the inclusion of the debtor’s assets, regardless of whether or not they are in Spain, and that, with certain exceptions, Spanish law applies.
The foreign creditor in bankruptcy proceedings in Spain (4): Liability of debtors and directors
Spanish bankruptcy regulations list the conducts that determine the liability of the directors in bankruptcy proceedings. The consequences of such behaviour include disqualification, loss of rights associated with the position of a creditor of a bankruptcy or a sentence to cover the insolvency deficit.
Bankruptcy in Spain (3): Directors’ Liability in bankruptcy proceedings
Although Royal Decree-Law 5/2021 exempts directors from the duty to file for insolvency proceedings, it does not exempt them from the responsibility to avoid the winding-up of the company.
Bankruptcy in Spain (2): Mechanisms and measures to prevent corporate insolvency in Spain
Pre-bankruptcy mechanisms and labour, corporate or procedural measures can prevent and restrain the high number of insolvency filings expected following the insolvency moratorium in Spain.
Bankruptcy in Spain (1): New moratorium to request insolvency
Official data reveal a sharp increase in insolvency filings in 2021. Estimates suggest that after the extended moratorium on insolvency proceedings until 31 December, the number of insolvency proceedings will rise significantly.
Extension of the insolvency moratorium in Spain until 14 March 2021
Royal Decree Law 34/2020, published on 18 November 2020, establishes an extension of the insolvency moratorium (previously established until 31 December 2020) until 14 March 2021.
