Practice 01 · Insolvency
Insolvency proceedings. Well prepared, decided faster.
Voluntary and necessary insolvency, ordinary, abbreviated and without-assets proceedings. Filing preparation, defence in the qualification phase, coordination with the insolvency administrator.
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Insolvency proceeding (concurso de acreedores) is the judicial procedure foreseen for debtors in a state of current or imminent insolvency. Its ordinary purpose is to satisfy creditors under a legal priority order, through a creditor agreement or liquidation, according to the debtor real possibilities.
What we do
- Diagnose the insolvency state with figures and deadlines, not mental estimation.
- Audit potentially rescindable acts and causes for culpable qualification beforehand.
- Prepare the petition with procedural quality: memorandum, inventory, list of creditors, three-year accounts, workforce.
- Propose insolvency administrator from the official list, instead of accepting rotational appointment.
- Direct the defence during the common phase, creditor claim filings, challenges and insolvency incidents.
- Prepare the creditor agreement or coordinate liquidation as chosen.
- Direct the defence in the qualification phase.
Frequently asked
What happens to company directors in an insolvency proceeding?
If the insolvency is qualified as culpable under Articles 441 and following TRLC, directors may be temporarily disqualified, lose their rights as insolvency creditors and be ordered to cover the insolvency shortfall in full or in part. Preventive defence in the qualification phase is prepared before the insolvency petition itself, not when the phase opens.