Insolvency proceedings for individuals and companies

Insolvency law: bankruptcy proceedings with experience

Insolvency proceedings are the legal instrument that allows an insolvent company or individual to reorganise their debts under the protection of a judge. It is not an end, but a means: a period of truce to negotiate with creditors, preserve the business and, if possible, reach an arrangement that allows the activity to continue. At Muñoz-Vidal y Rubio we have extensive experience in all phases of insolvency proceedings.

Situations where we can help

Your company cannot pay its debts as they fall due and needs legal protection against creditors.

You want to reach an arrangement with your creditors to continue the business activity.

Your company is in liquidation and you need advice on the process and its consequences.

You are a creditor of an insolvent company and want to defend your rights in the proceedings.

Our approach

How we approach each case to achieve the best result.

1

We accompany the debtor from the filing of the insolvency until its conclusion, in all its phases.

2

We work hand in hand with the insolvency administration to facilitate the transparency of the process.

3

We negotiate realistic arrangement proposals that have a chance of acceptance by creditors.

4

When liquidation is the only way out, we manage it rigorously to minimise the personal consequences for the debtor.

Indicative process

01

Prior assessment: we analyse whether insolvency is the right option or if a better alternative exists.

02

Filing and declaration: we prepare the documentation and file the voluntary insolvency petition.

03

Common phase: we assist the debtor during the creditor communication and estate formation phase.

04

Arrangement or liquidation: we negotiate the arrangement or, failing that, manage the liquidation phase.

Frequently asked questions

What is the difference between voluntary and necessary insolvency?
Voluntary insolvency is filed by the debtor, while necessary insolvency is filed by a creditor. The voluntary one offers more advantages, such as the ability to appoint the insolvency administration.
Can I continue running my company during insolvency?
In many cases yes, especially in voluntary insolvency of legal entities, where the debtor can be retained in the management of the company under the supervision of the insolvency administration.
What happens to employees during insolvency?
Insolvency does not automatically imply employee dismissal. The continuation of employment depends on the viability plan and whether an arrangement is reached or liquidation begins.

The information on this page is of a general nature and does not constitute legal advice. Each case requires individual analysis.

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