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Insolvency & Restructuring

Our firm specialises in the handling of insolvencies and providing advice to both debtors and creditors on restructuring and insolvency proceedings.

Our team comprises experts on insolvency law and other areas of practice which have an impact on restructuring (tax, corporate and administrative law), who stand out due to their vast knowledge on the particular features of key economic sectors. This enables us to understand how the company works, providing an essential element to drive success in restructuring or insolvency proceedings.

When the client is the debtor, we analyse their financial situation and design the most pertinent legal strategy to help them achieve their goals and guide them throughout the entire proceedings, from the petition for insolvency (voluntary or involuntary) to the proposal of arrangements, insolvency cases or, where applicable, liquidation and defence against the ruling of liability for insolvency.

Moreover, we advise clients such as creditors in insolvency proceedings, ensuring efficient communication and executing the corresponding securities where required.

The CMS Insolvency and Restructuring international team is present in 44 countries and 79 offices, advising both domestic entities and international groups in complex cross-border issues.

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The new Insolvency Legislation
In recognition of the recent changes made to the Spanish Insolvency Law, the Insolvency & Restructuring legal team of CMS Albiñana & Su

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23/02/2024
Harmonisation of avoidance rights from a Spanish perspective
Avoidance action is an umbrella term for adversary proceedings that seek to unwind or avoid transactions that occurred before an insolvency filing. These actions are also referred to as “claw-back claims”...
10/01/2024
Harmonisation of insolvency avoidance in Europe
This article continues our Law-Now series "Harmonisation of Insolvency Laws in the EU" in which we provide an overview of the articles addressing insolvency avoidance actions of the draft EU directive.As...
31/08/2023
Pre-Pack reorganisation in Serbia and Montenegro: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
31/08/2023
Pre-Pack reorganisation in Bosnia and Herzegovina: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
17/08/2023
Pre-pack sale proceedings in Croatia and the impact of the EU’s insolvency...
In late 2022, the European Commission proposed a new Directive with a view to harmonise certain aspects of insolvency law. One of the most important innovations to be introduced in this Draft Directive...
11/08/2023
Pre-pack proceedings Slovak law: challenge to avoid speculations?
Only a year ago, Slovakia transposed EU Directive 2019/2023 on preventive restructuring frameworks with an intention to reform insolvency proceedings and make them more effective. (See CMS | Law-Now...
07/08/2023
The Pre-pack Directive proposal: a guide to possible pre-pack proceedings...
On 7 December 2022, the European Commission published a proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of the insolvency law. The intention of this...
07/08/2023
Pre-pack insolvency sale in the Czech Republic: Current situation and outlook
A pre-pack insolvency sale, which is an expedited liquidation proceeding that allow for the sale of all or part of a debtor’s business as a going concern to the best bidder shortly after the insolvency...
07/08/2023
Pre-pack sales procedures in Hungary
The success of the recently introduced pre-pack-like rules in Hungary will help determined how the EU Directive on pre-pack sales will be implemented in this country.Existing pre-pack-like rulesPre-pack...
27/07/2023
A short guide to leveraging Pre-Packs in Switzerland
What situations call for a Pre-Pack?Imagine the following scenario: a debtor, in our case a company, is facing severe financial distress. The company, however, still has certain business units that are...
19/07/2023
Pre-pack insolvency proceedings: the Spanish approach
A pre-pack insolvency proceeding is a sale of the still-viable production unit of an insolvent company, negotiated before the formal judicial declaration of the insolvency process, by the judicial appointment...
19/07/2023
Pre-pack proceedings in Portugal introduce a brave new world
The pre-pack proceedings regime set out in the Title IV of the Proposal for a EU Directive to harmonise certain aspects of insolvency law, dated 7 December 2022, will be a tremendous challenge for all...