Restructuring, Insolvency and Special Situations

Practice areas

Financial health

Our unit specialising in the restructuring of companies in crisis and insolvency proceedings has one main objective: to find solutions for companies and entrepreneurs from the first signs of financial difficulty or business crisis.

We act as a strategic ally that combines legal and financial consultancy to prepare a diagnosis in which we analyse the nature of the difficulties, the exact point at which they are found and the possible alternatives, solutions and solutions for the company and the entrepreneur.

We have a multidisciplinary team made up of lawyers and insolvency practitioners, which allows us to study each case with a comprehensive approach and favours the possibility of offering different alternatives to the businessman to solve, alleviate or face the financial difficulties and/or lack of liquidity.

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Services

Corporate restructuring

Structural changes

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Debt restructuring and refinancing

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Liability of directors, managers and proxies.

Legal shield

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Pre-insolvency and bankruptcy proceedings

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Defence of the creditor’s claim in insolvency situations

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Second Chance

Advice to individuals in insolvency. Extrajudicial and judicial proceedings.

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At the first signs of crisis, it is essential to act immediately and take appropriate action to resolve or deal with the situation with the best outcome for all parties involved.

Corporate restructuring. Structural changes

We provide advice to all companies facing financial problems that require operational or financial restructuring of the company. We carry out all types of structural modifications (mergers, spin-offs, etc.), as well as operations related to the sale of the company, whether by production units, sale of assets or global disposal.

Debt restructuring and refinancing

We assist entrepreneurs in their search for bank financing, alternative financing or investment partners. We advise on negotiating with creditors, the judicial approval of refinancing agreements, stand still agreements in debt restructuring and the drafting and negotiation of early agreements.

Liability of directors, managers and proxies. Legal shield

We analyse the company’s situation in order to determine any aspect that may give rise to the possible liability of directors, managers and proxies. Our objective is to detect and, as far as possible, correct any liability risks that may be incurred by de facto or de jure directors, proxies or general managers of companies in financial difficulties.

Pre-insolvency and bankruptcy proceedings

The comprehensive advice we offer includes guidance in the stages prior to the declaration of insolvency proceedings and in the negotiation with creditors in order to save the insolvency case and avoid the filing, whenever possible, of insolvency proceedings.

Likewise, in the event that the company cannot avoid insolvency, whether current or imminent, and must file for insolvency proceedings, we will be at the client’s side to prepare the insolvency application in each of the modalities provided for in the restated Spanish Insolvency Act, accompanying them throughout the procedure until its conclusion, whether by agreement or liquidation.

Good planning is crucial in this type of complex and delicate process in which, on many occasions, the entrepreneur’s prompt decision to file for insolvency proceedings can determine whether an agreement can be reached with the creditors and thus avoid the liquidation of the company.

Defence of the creditor’s claim in insolvency situations

We study the nature of the claim and try to advise on the best way to protect or defend it. Sometimes there are ways of acting beyond the mere claim, which allow the creditor to be better positioned when it comes to demanding the settlement of the claim. We are proactive and always try to go further in the defence of the client’s claim and intervene in negotiations with the Insolvency Practitioners so that the claim is recognised and, where appropriate, satisfied.

Second Chance

Advice to individuals in insolvency. Extrajudicial and judicial proceedings.

More information

Team

8 Professionals

Araceli Vilar Rebolo

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A Coruña

Araceli Vilar Rebolo

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Carlos Cabado Cabeza

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A Coruña

Carlos Cabado Cabeza

Principal Associate

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Carlos Rodríguez Vallecillo

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Córdoba

Carlos Rodríguez Vallecillo

Partner. Co-director of the Department of Public Law and the Córdoba office. State Lawyer on leave of absence

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Enrique Llopis Millán

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Madrid

Enrique Llopis Millán

Principal Associate

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Francisco Benítez Jurado

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Córdoba

Francisco Benítez Jurado

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José Saurat Marín

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Valencia

José Saurat Marín

Partner. Director of the Valencia office. Corporate and Commercial Law

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José Vicente Roldán Martínez

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Madrid

José Vicente Roldán Martínez

Partner. Corporate Law, Restructuring and Special Situations

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Sergio Romero Maclino

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Madrid

Sergio Romero Maclino

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