Insolvency - LEXPYME Lawyers

PRACTICE AREAS

INSOLVENCY

MEDIATION AND INSOLVENCY ADMINISTRATION

Insolvency mediation is established in debtor insolvency situations and is carried out to reach an out-of-court payment agreement.

In these cases, the mediator is mainly responsible for managing and speeding up negotiations, communicating proposals and bringing positions closer together.

For its part, the insolvency administration appears when an insolvency proceeding has been previously declared and is created under legal provisions with the power to intervene in a debtor company that is unable to meet its financial obligations.

LEXPYME has a highly qualified team in Mediation and Insolvency Law. We are specialists in insolvency management, restructuring and debt refinancing.

To this end, we have a team of professionals with extensive experience and in-depth knowledge in all the legal disciplines involved in insolvency proceedings: Litigation, Commercial, Contentious-Administrative, Banking and Financial, Real Estate, Labour and Tax.

Our team’s legal advice extends to the search for comprehensive solutions, paying particular attention to the key elements that influence success, including obtaining bridge loans, debt extensions, use of derivative financial instruments for the transfer of credit or equity risk, alternative financing, rescue requests, restructurings and company sale processes.

  • Preparation, filing, processing and legal management of voluntary and compulsory insolvency proceedings.
  • Advice on crisis processes.
  • Group restructuring.
  • Advice and negotiation with insolvency administrators, trustees, receivers, liquidators and commissioners.
  • Advice on directors’ liability arising from insolvency proceedings.
  • Tax planning in crises and the reorganisation of companies and groups.
  • Negotiation with financial institutions and other creditors.
  • Obtaining additional financial resources in equity or debt.

More Information about Insolvency Administration

It is regulated in Royal Decree-Law 1/2015, being the Insolvency Mediator appointed by the notary. The second chance procedure was requested or by the commercial registrar, if the applicant is a businessman, always intending to safeguard the creditors’ collection rights.
The Insolvency Administrator, defined according to Law 22/2003 of 9 July as a natural or legal person appointed by a judge once the order of admission of the insolvency proceedings has been issued, relieves the administrative body of a company, acquiring control and supervision of the company to comply with the provisions established by law under the supervision of the judge.
On September 1st 2020, Royal Legislative Decree 1/2020, of 5 May, approving the Consolidated Text of the Insolvency Act, came into force.

Strict compliance with data privacy laws should be a priority for all companies.

We provide comprehensive advice and management of problems in crises, and we respond to the different legal challenges that these situations cause both for creditors when recovering and defending their claims and improving collection guarantees, and for debtors, whether in the economic-financial, commercial, tax, labour or procedural areas.

At LEXPYME, we accompany our clients in the analysis of bankruptcy, pre-bankruptcy and mediation scenarios, from the classification of credits and reintegration actions to agreements with creditors, liquidation of companies or the design of corporate restructuring or refinancing projects committed to the proactive management of business risks and the sustainability of the business. Our multidisciplinary and multi-jurisdictional advisory capacity allows us to coordinate and manage any insolvency or mediation process to optimally and efficiently protect the client’s business interests.

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