Archive for category: Bankruptcy

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Lifting the veil. Possible liability of the partners for the company's debts

Analysis of the SC ruling of 5 October 2021, which applies the doctrine of the lifting of the veil, making those who were partners liable for the company debt after selling the shares and ceasing in their management positions. Sometimes…

Euthanasia and living wills

The Spanish legal system regulates for the first time the right to active euthanasia, which will coexist with the right to passive euthanasia, with regard to which the living will is a written provision of fundamental importance. After…
Modificación del texto refundido de la ley concursal

Imminent amendment of the revised text of the Insolvency Act

The agreement of the Council of Ministers on 3 August sets in motion the process of transposition of Directive 2019/1023 which will entail substantial changes in the pre-bankruptcy mechanisms and in the "second chance law". On…
Condonación parcial de los créditos ICO

Partial cancellation of ICO loans, new extensions and conversion into equity loans

The Government has approved a Code of Good Practices specifying the requirements and scope of the partial cancellation of the financing guaranteed by the Government granted during the pandemic, in addition to agreeing a new…

Imminent end of the moratorium on the filing of bankruptcy proceedings

The moratorium on the legal obligation to file for insolvency proceedings ends on 14 March 2021 Following the declaration of the state of alarm and in order to avoid an avalanche of applications for insolvency proceedings,…

The Pre-pack. New formula for the express sale of production units

The Barcelona Commercial Courts agree on the protocol to be followed for the express sale of production units The Pre-pack Since the financial crisis of 2008, the transfer of production units in bankruptcy proceedings…

Out-of-court settlement as an efficient mechanism to restructure debt and overcome corporate insolvency

The out-of-court payment agreement is an agile and totally extrajudicial process that allows overcoming situations of business and individual insolvency as an alternative to bankruptcy proceedings. In essence, this out-of-court…

Prolongation of ICO loans and extension of the bankruptcy moratorium

The Government has approved by Royal Decree-Law 34/2020 of 17 November, the moratorium on the obligation to file for insolvency proceedings until 14 March 2021 and an extension of the maturity and grace period for ICO loans. Situation…
El concurso exprés como solución de liquidación de pequeños negocios

Express Contest as a Small Business Settlement Solution

The measures adopted as a result of the health crisis caused by the COVID-19 pandemic have brought a large part of the Spanish and world economy to a standstill. Small and medium-sized companies have seen almost all of their…
El acuerdo extrajudicial de pagos (AEP) como solución para pymes con activos y pasivos inferiores a 5 millones de euros

The out-of-court settlement (AEP) as a solution for SMEs with assets and liabilities below 5 million euros

As pointed out in yesterday's article on the measures in the field of insolvency approved by the Government through RD 16/2020 of 20 April, as a result of the measures adopted by the health crisis resulting from the COVID-19…

Measures in the field of bankruptcy law approved by the government through RD 16/2020 of 28 April

The measures adopted as a result of the health crisis caused by the COVID-19 pandemic have brought a large part of the Spanish and world economy to a standstill. Small and medium-sized enterprises have seen almost…

Government approves new economic measures against coronavirus

The Council of Ministers yesterday approved a Royal Decree-Law on urgent extraordinary measures to deal with the economic and social impact of the COVID-19. This regulation reinforces the initiatives implemented in the plan…

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