Royal Decree-Law 20/2022 has extended the "moratorium on dissolution" until the close of the financial year 2024 and has modified the regime for the recovery of public guarantees in insolvency situations; the General State Budget Law for 2023 has reformed the regime for tax deferrals and instalments in pre-bankruptcy situations; and Order JUS/1333/2022 has established the electronic forms for the special procedure for micro-companies and the technical specifications for the electronic platform for the liquidation of assets.
Public disclosure not required of appointment of expert in restructuring in the context of a pre-insolvency notice
Netting of post-insolvency claims in cases where insufficient assets available to creditors has been notified is limited
Insolvency-related grounds cannot be pleaded to render void a refinancing agreement on the basis of general civil legislation
Substantiation of fault-based classification on the basis of a tax penalty imposed on the debtor for fraudulent conduct
Subordination of claim acquired from a specially-related party unless acquirer proves they did not know or could not have known about that fact
Pre-insolvency notice may head off directors’ liability for losses
Challenging an inventory is not the right procedure to correct insufficient or incomplete description of a business unit
Insolvent company under suspension does not have standing to bring proceedings with a possession content
Registration of transfer of an administrative concession in the context of an insolvency proceeding requires authorization to be obtained from the public authority where that authorization is mandatory
Fault-based classification due to early repayment before their due dates of loans to specially-related parties
Classification as claim in litigation requires existence of a “clear and honest dispute” over the existence of that claim
Transfer of lease agreement forming part of a business unit does not prevent a rent increase
Distinction between start date of time period for clawback action in insolvency proceedings and under civil law in relation to a mortgage
Commencement of liquidation phase makes it unnecessary to request termination of administrative contracts
“The pre-pack in the Proposal for a Directive of December 7, 2022”
“New Legal Framework for Company Restructuring in Spain”
“Corporate Law, Insolvency Law and the Law on Financial Markets”
“INSOL Europe/LexisPSL joint project on the implementation analysis of the Directive (EU) 2019/1023 in the EU Member States: Spain”
“Non-Performing Loans: the Registration Obstacle Race in Spain for Loan Buyers and Managers”
“The New Restructuring Plans: Can Creditors Replace Shareholders in Companies’ Capital?”
“Fourth edition of the Insolvency Law Manual”
Awards and accolades
Chambers recognises Garrigues as Tier 1 in the Insolvency practice area
Several lawyers in the Garrigues Restructuring and Insolvency Department recognised as Best Lawyers in the “Insolvency and Reorganization Law” category
Juan Verdugo receives “Client Choice Award 2022” for Restructuring & Insolvency