The true strength of a company is revealed in its ability to overcome challenging times and emerge with a new vision.
Our insolvency services aim to help clients through these complex and challenging legal processes and achieve the best possible outcome, both from the creditors’ and debtors’ sides.
Formal Insolvency and Pre-Insolvency Proceedings
- Assessing the financial situation and determining if formal insolvency proceedings are necessary or compulsory under Spanish law
- Filing for insolvency
- Negotiating with creditors to reach a debt restructuring agreement and avoid bankruptcy
- Preparing a debt restructuring plan to present to the court if the negotiation with creditors is successful
- Representing clients in court
- If formal insolvency proceedings result in asset liquidation, guiding clients to maximize the recovery
Financial Restructuring
- Assessing the situation and determining the best course of action
- Developing a financial restructuring plan (including debt restructuring, refinancing, asset sales, or other measures)
- Negotiating with creditors and stakeholders to achieve the best terms for the financial restructuring plan.
- Drafting and reviewing contracts (loan agreements, security agreements, etc.)
- Ensuring compliance with all legal requirements, including bankruptcy and insolvency under Spanish laws
- Representing clients in court
- Ongoing legal support as needed (monitoring compliance with the financial restructuring plan and advising on future financial planning)
Out-Of-Court Workouts
- Reviewing the debtor’s financial situation, assessing the strengths and weaknesses of the creditor’s claims, and advising on how to approach negotiations
- Drafting and reviewing the settlement agreement, ensuring its enforceability and coverage
- If necessary, advising on the tax implications and how to structure the settlement
- Advising on general and specific regulatory compliance depending on jurisdiction and sector
- Representing our clients in court if negotiations fail
Distressed Acquisitions or Disposals
- Conducting due diligence to identify potential legal, financial, or operational risks associated with the target company
- Negotiating and drafting the transaction documents (purchase agreement, asset purchase agreement, merger agreement, etc.)
- Ensuring compliance with bankruptcy and restructuring regulations in Spain
- If necessary, assistance with regulatory compliance (antitrust clearance, approvals from industry regulators, etc.)
- Advising on labour and employment issues
- Considering tax implication
Directors’ Duties
We provide guidance and advice to directors on their duties regarding, among others:
- Corporate governance, including the establishment of board and committee charters and the procedures for director elections
- Compliance with Spanish laws and regulations
- Conflicts of interest and how to manage and disclose them appropriately
- Risk management, identifying potential risks and developing policies and procedures to mitigate them
- Assessment regarding personal liability as to the insolvency deficit
- Litigation in cases of breach of duties
We guide you through every step of your insolvency process in Spain.
Managers
Mariano Jiménez
Managing Partner and Lawyer
Managing Partner, expert lawyer in civil, commercial and labour litigation and arbitration, insolvency law, and restructurings in Spain
Jose María Mesa
Partner and Lawyer
Partner and expert lawyer in business law, M&A/Private Equity, insolvency law, and restructurings in Spain
