Bankruptcy
Our professionals advise on debt refinancing and restructuring operations, seeking measures to overcome crisis situations.
In insolvency cases, the Fuster-Fabra Abogados team accompanies the client from the declaration of insolvency, throughout the common phase of the procedure and until the signing of the agreement or the eventual liquidation of the company. Our advice is aimed at all parties involved in the insolvency proceedings, including the company/group of companies, creditors and administrators.
Thus, from our experience we can offer advice to the company in solvency difficulties on decision-making at a time prior to insolvency, planning the steps to be taken before filing for voluntary insolvency, decision-making by the management body, decisions on assets and labour aspects, declaration of insolvency, insolvency proceedings, strategies for obtaining cash flows, judicial and extrajudicial claims, etc.
We are pioneers in the application of the Second Chance Law for individuals in order to obtain for them the Benefit of the Exoneration of Unsatisfied Liabilities (BEPI), which allows them to solve and free themselves from situations of financial over-indebtedness.
Similarly, and always in accordance with the client’s needs, we can provide advice to creditors regarding the analysis of the debtor’s situation, identification and classification of debts, claims for payment, priority of collection in insolvency proceedings, filing for the debtor’s insolvency proceedings, negotiations with the debtor’s insolvency administration, among others.
Likewise, standing at the side of the managers of the company in difficulties, at Fuster-Fabra Abogados we provide advice to administrators, directors and managers of the companies on possible commercial, labour and criminal liabilities that the representatives of the companies may incur, legal measures aimed at minimising risks, and even defence in judicial or extrajudicial proceedings for actions that may have been initiated against those involved.
Areas of expertise:
- Pre-bankruptcy advice
- Restructuring and refinancing
- Out-of-court settlement
- Application for insolvency proceedings by debtor or creditor
- Advice to creditors on the communication and defence of their claims
- Legal assistance throughout the insolvency proceedings both to the debtor and to the creditors of the insolvent company
- Sale and purchase and assignment of claims
- Purchase and sale of assets, production units or companies within the insolvency proceedings or in the context of a business crisis.
- Insolvency administration (ACo.)
- Bankruptcy incidents
- Reintegration actions
- Liability of administrators: Qualification pieces.
- Liability actions deriving from the actions of the insolvency administration (ACo.)
