- Restructuring
Legal Strategy in Insolvency Situations
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- Insolvency Reform
The New Insolvency Law Reform
On September 26, 2022, Law 16/2022 entered into force, introducing the main amendments to Spanish insolvency law, in line with EU Directive 2019/1023 on restructuring and insolvency. The reform aims to address the limitations of the Spanish insolvency system, with a focus on pre-pack insolvency procedures and significant changes to the discharge of unsatisfied debts.
The cornerstone of the new regulation is restructuring plans, defined as measures implemented at an early stage of financial distress, prior to traditional pre-insolvency tools. These mechanisms avoid the stigma associated with formal insolvency proceedings and introduce features that enhance their effectiveness.
Overall, the new insolvency legislation represents a fundamental shift in how corporate and personal insolvency is managed in Spain.
- Insolvency Law
We are specialists in insolvency law
- Analysis and advisory services in the pre-insolvency stage
- Debt renegotiation and refinancing agreements
- Preparation of all documentation required for insolvency filings
- Preparation of viability plans and negotiation with creditors
- Management of employment-related issues within insolvency proceedings
- Assessment of directors’ liability in voluntary and compulsory insolvency proceedings
- Preparation of liquidation plans and assistance in orderly liquidation processes
- Legal representation and defense in insolvency-related disputes
- Credit protection: challenge and recognition of claims in insolvency proceedings, as well as out-of-court claims against directors and shareholders in cases of liability
- This practice area covers matters arising from insolvency involving both legal entities and individuals, including pre-insolvency situations, formal insolvency proceedings, and financial restructuring processes.
- Insolvency Administration
We act as Insolvency Practitioners
The appointment of SOLIUM LEGAL S.L.P. as Insolvency Administrator, in any type of procedure and regardless of the nature of the insolvent entity, involves the creation of a multidisciplinary team led and directly supervised by one of the partners appointed as the case representative. This team brings together legal professionals specialized in insolvency, commercial, and labour law, as well as economists and auditors with extensive experience in business management, financial analysis, and debt refinancing and restructuring processes.
In addition to SOLIUM LEGAL S.L.P.’s qualified staff, we rely on the necessary human resources, technical capabilities, and operational tools to successfully carry out insolvency administration duties. Our primary objective is to protect the rights of creditors, the insolvent company or individual, and ultimately to assist the Commercial Court in the effective management of the insolvency proceedings.
SOLIUM LEGAL S.L.P. provides a qualified, consistent, and fully integrated service thanks to the legal, economic, financial, banking, managerial, and accounting expertise of its lawyers and economists. Our work covers all key areas involved in insolvency proceedings, including labour matters (redundancies, individual dismissals, and labour disputes), civil and procedural law, corporate restructurings (mergers and acquisitions), economic viability analysis, taxation, and fiscal management.
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