Restructuring & Insolvency

On September 10, 2019, Madrid Commercial Court number 6 delivered a decision arguing that it was necessary to examine whether the prior notice under article 5 bis of the Insolvency Law stemmed from steps taken to prepare or perform serious and effective negotiations.
Garrigues received the FT European award for legal innovation in London last night, for creating a new way to help international investors recover non-performing loans (NPL) from financial institutions. The newspaper took into account the huge impact of this legal innovation, which creates a new standard and improves competition and the appeal of the Spanish NPL market, one of the most active in Europe. This new approach, conceived by Garrigues’ Restructuring and Insolvency Department, allows funds to rapidly foreclose, auction and award the assets, saving a great deal of time and money.
On July 2, 2019, the Supreme Court delivered a landmark judgment dealing with the requirements to be met to secure the discharge of debts through the so-called ‘fresh start’ mechanism. Under Spanish law, ‘fresh start’ refers to the situation where a debtor is relieved of paying outstanding debt. It is a tool that may be used by individuals (traders, freelancers and heavily indebted consumers) to shed their debts, which will be released, enabling them to undertake new ventures.