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Insolvency & Reorganisation of Liabilities

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Stabilization measures in times of crisis

At CMS Chile we work to help you understand and make the best decision regarding the instruments available for restructuring your company's liabilities, as well as the implications and eligibility restrictions.
Our team has the knowledge, experience and command of the financial and accounting language necessary to advise companies and entrepreneurs who need to restructure their assets to avoid liquidation or carry it out in the best possible way. Likewise, we are prepared to assist creditors in the design and execution of the best strategy for debt recovery. In the event of a lack of liquidity, we advise them so that they can focus their attention on the development of their business, thus optimising the opportunities where debt recovery and company viability are compatible.
We have experience in negotiations with creditors or debtors, and in the representation of clients in the various reorganisation procedures (judicial and extrajudicial) and liquidation. When advising them, we get involved in financial, accounting, contractual, tax and labour analysis.

As you would expect from one of the largest law firms in the world, at CMS we are constantly updating our knowledge about insolvency and restructuring for companies under the pressure of the current coronavirus crisis, as well as on the actions and programmes available in the short, medium and long term, to face the anticipated financial challenges.

Also, given that the scope of the current crisis is global, the complex cross-border and international aspects of insolvency rules become more relevant, and thanks to our presence in more than 40 jurisdictions, we have the knowledge that is needed.

Due to the economic impact as a result of the social unrest in Chile at the end of 2019, and the current contingency of COVID-19, our Employment & Pensions experts have been advising our clients, operating in various sectors such as fintech, banking, transportation and services; in matters of reorganisation, dismissals, as well as in the application of Law No. 21.227 on "Employment Protection" and possible conflicts that may arise with unions due to the measures that companies have had to take regarding their personnel.


In­solv­ency law and rules in Chile
1. What type of re­struc­tur­ing schemes ex­ist in Chile? Oth­er than vol­un­tary agree­ments between cred­it­ors and debt­ors to rene­go­ti­ate debts and re­struc­ture busi­nesses, in Chile it is pos­sible to open re­struc­tur­ing...