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Bankruptcy

Bankruptcy

Working on your company’s new principle

Under certain circumstances, a company may find itself having difficulty regularly meeting its obligations, which can cause increasing problems. The law establishes that in such cases, an Arrangement with Creditors must be called upon to conduct an orderly exit and minimise damage to third parties, the company and its managers. Failure to take these measures in time may incur legal liabilities and increase the damage. In our experience, acting in a timely manner significantly reduces the negative repercussions. An Arrangement with Creditors does not imply the end of a company; it can represent a new start. However, it is a complex process to handle and requires trained experts to effectively deal with these situations.

n what situations should an application for insolvency proceedings be made?

The circumstances in which an arrangement with creditors could or should be used are diverse, but in general terms they can be summarised as follows but in general terms they can be summarised in the following groups:

  • Breach of contract due to insolvency: Occurs when a company cannot fulfill its contractual obligations (payments to banks, suppliers, etc.) due to a lack of liquidity.
  • The company suffers a severe restriction of its patrimonial freedom due to a general attachment of its assets, which drastically limits its options to obtain liquidity and overcome the economic crisis
  • A forced or hasty and ruinous liquidation of their assets: Due to insolvency, their creditors are auctioning off their assets, losing them in a disorderly manner and at a ruinous price
  • Generalized failure to comply with certain tax, labor, or social security debts.

The responsibility of the company’s administrators

Those responsible for a company are obliged to request the Insolvency Proceedings and file it in Court as soon as certain situations arise. Failure to do so correctly and within the established deadline can lead to personal liability, exposing their personal assets to the company’s debts.

  • Avoid the derivation of any responsibility for the administrator.
  • ITry to make the company viable, seeking agreements with creditors that are possible.
  • Carry out orderly management of the Contest that limits any damage to suppliers, workers, partners and administrators

Contact

Responsible: ALCÁZAR ABOGADOS Y CONSULTORES, S.L.U.
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