Which claims are paid first in insolvency proceedi […] Which claims are paid first in insolvency proceedings?
Category: company
When a company is involved in insolvency proceedings, the first task is to classify the creditors’ claims, because it is essential to determine who will recover its claims from the bankrupt company first. Firstly, a distinction is made between the bankruptcy claims (“créditos concursales”) and claims against the estate (“créditos contra la masa”). Bankruptcy claims […]
Read article
Less than a year ago, Article 62nd of the Consolidated Text of the Spanish Companies Law (“SCL”) was amended, introducing a new section, the current section 2, which has been integrated into the article on the basis of section 1 of Article 2 of Act 11/2018 of December the 28th, which amends the Commercial Code, […]
Read article
Differences between voluntary and involuntary inso […] Differences between voluntary and involuntary insolvency proceedings.
The main conceptual difference between voluntary and involuntary insolvency proceedings is determined by whoever has initiated the proceedings. In this sense, if the application for insolvency proceedings has been made by the debtor itself, it will be considered such a voluntary insolvency proceeding (in Spanish, “Concurso Voluntario”), and the administrative body of the Company will […]
Read article
The so called “pre-bankruptcy proceeding” in Spain […] The so called “pre-bankruptcy proceeding” in Spain during the State of Alert
Article 5 of the Bankruptcy Law states that “the debtor must request the declaration of bankruptcy within two months counted from the date on which it knew or should have known about the insolvency”. However, Article 43 of the very new Royal Decree Law 8/2020 of March 17th establishes that while the state of alert […]
Read article