Corporate insolvency and restructuring lawyer

When a company enters financial distress, the worst moment is almost never the first unpaid debt. The worst mistake is usually reacting too late.
Because in a situation of insolvency or pre-insolvency, every week without a strategy worsens the position of the company, the creditors, the shareholders, and, in many cases, also the directors.

Here we help you do something very specific: identify your real position early and choose the right path. Sometimes that means restructuring and opening negotiations. Sometimes it means insolvency proceedings. Sometimes it means protecting a creditor’s position before the value disappears.

Not every business crisis is resolved in the same way

Some companies can still be reorganised. Others are already in a situation of actual insolvency. And others are trying to hold on when, legally, a different decision should have been taken weeks earlier.
The Spanish Insolvency Act distinguishes between actual insolvency and imminent insolvency. A debtor is in actual insolvency when it cannot regularly meet its due obligations, and in imminent insolvency when it foresees that, within the following three months, it will be unable to meet its obligations regularly and on time.
In addition, the law imposes on the debtor the obligation to file for insolvency proceedings within two months from the date on which it became aware, or should have become aware, of the state of actual insolvency.

Vull saber si la meva empresa s'ha de concursar

Restructuring before insolvency proceedings: acting early changes the outcome significantly

The insolvency reform clearly strengthened the logic of early restructuring.
In situations of likely insolvency or imminent insolvency, the debtor may notify the competent court that negotiations with creditors exist — or that they will begin immediately — in order to reach a restructuring plan capable of overcoming the situation.
This is not just a formality. If properly structured, it can give you time to reorganise debt, negotiate positions, protect value, and prevent the company from entering insolvency proceedings under far worse conditions.

I want to open negotiations with creditors

Voluntary insolvency, compulsory insolvency, and creditor defence

Sometimes the company itself must take the step. And other times, the move has to come from the creditor.
The Spanish Insolvency Act allows a creditor to apply for the declaration of insolvency proceedings, provided that the application identifies the origin, nature, amount, dates, and current status of the debt, includes supporting documentation, and is based on external facts evidencing insolvency. The law also requires the applicant to indicate the means of proof and makes clear that witness testimony alone is not sufficient.
This is especially useful for:

• significant creditors who see the debtor’s position deteriorating;
• companies with major unpaid invoices;
• suppliers or financial partners who need to react before the value disappears.

Sóc creditor i vull actuar

What we review in a company in crisis

Here, it is not enough to simply “check whether there are debts”. We need to review:

• the real level of liabilities;
• critical creditors;
• cash flow and liquidity;
• guarantees and security interests;
• business continuity risks;
• exposure of shareholders and directors;
• room for restructuring;
• the viability of voluntary insolvency proceedings;
• and the consequences of continuing to wait.

Because poor management of a crisis does not only harm the company. It can end up opening other fronts as well.

How we handle insolvency and pre-insolvency situations

1. We identify your real position
Pre-insolvency, imminent insolvency, actual insolvency, or a temporary liquidity problem.

2. We assess the real room for manoeuvre
Not every business can be saved. But not everything is lost when the first unpaid debt appears.

3. We design the strategy
Negotiations, court notification, restructuring plan, preparation for insolvency proceedings, or creditor defence.

4. We protect your position
Company, shareholder, director, or creditor: each requires a different strategy.

5. We think about what comes next
Business continuity, sale process, orderly closure, defence against liability claims, or future director exposure.

What documentation we need

If you already have it, it is useful to gather:

• annual accounts and basic financial information;
• list of creditors and outstanding debts;
• key contracts;
• immediate payment deadlines and maturities;
• court notices or communications from creditors;
• guarantees, personal guarantees, or liabilities assumed;
• banking documentation;
• and any communication reflecting default, financial tension, or ongoing negotiations.

If you do not have everything, that is not a problem. We will tell you what is genuinely necessary to make a serious decision.

If your company is entering a crisis, it’s better to act one month early than one month late.

In insolvency and restructuring matters, timing can make a significant difference to the outcome.
If your company is under financial pressure, or if you are a creditor of a distressed business, we help you act strategically and stay in control.

Request an initial insolvency assessment.