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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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01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
02/02/2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
07/10/2020
Ger­many's Busi­ness Judge­ment Rule not ap­plic­able to in­solv­ency ad­min­is­trat­ors
In a re­cent de­cision, the Ger­man Fed­er­al Su­preme Court ad­dressed the ap­plic­ab­il­ity of the Busi­ness Judge­ment Rule to in­solv­ency ad­min­is­trat­ors in Ger­many and re­jec­ted the ap­plic­ab­il­ity of the rule in...
05/10/2020
Re­struc­tur­ing out­side of in­solv­ency pro­ceed­ings soon pos­sible for il­li­quid...
Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mits draft bill on pre­vent­ive re­struc­tur­ing On 18 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mit­ted a 247-page draft...
28/04/2020
COV­ID-19 | RDL 16/2020: pro­ced­ur­al, or­gan­isa­tion­al and tech­nic­al meas­ures...
Our ex­perts have pre­pared a prac­tic­al guide on the new Roy­al De­cree-law 16/2020 of 28 April on pro­ced­ur­al and or­gan­isa­tion­al meas­ures to ad­dress COV­ID-19 un­der the ad­min­is­tra­tion of justice that was...
18/03/2020
COV­ID-19 | Guide ana­lys­ing Roy­al De­cree-law 8/2020 on ur­gent and ex­traordin­ary...
Fol­low­ing the ap­prov­al of Roy­al De­cree-law 8/2020 of 17 March on ur­gent and ex­traordin­ary meas­ures to ad­dress the eco­nom­ic and so­cial im­pact of COV­ID-19, our ex­perts have com­piled a guide on the nu­mer­ous...
02/07/2019
Crowd­fund­ing: The Coun­cil for the EU pub­lishes the next step to­wards an...
On 26 June 2019, the Coun­cil for the European Uni­on pub­lished a com­prom­ise pro­pos­al in re­la­tion to the European Com­mis­sion’s draft frame­work to reg­u­late crowd­fund­ing plat­forms in the EU (the "Crowd­fund­ing...
02/04/2019
Crowd­fund­ing: European Par­lia­ment steps up in­vestor pro­tec­tion in its amend­ments...
On 27 March 2019 the European Par­lia­ment ad­op­ted its po­s­i­tion on the Com­mis­sion's pro­pos­als for com­mon rules for crowd­fund­ing plat­forms across Europe. The Com­mis­sion pub­lished the ori­gin­al draft reg­u­la­tion...
09/01/2019
CMS among Spain’s most re­cog­nised firms
Iberi­an Law­yer has pub­lished a fea­ture on the most re­cog­nised law firms in Spain, with CMS de­b­ut­ing as one of the rank­ing’s strongest new­comers.  The list has been com­piled based on in­form­a­tion gathered...
03/04/2014
CMS Re­struc­tur­ing and In­solv­ency in Europe News­let­ter - Spring 2014
12/03/2014
Roy­al De­cree-law 4/2014: Re­struc­tur­ing and Re­fin­an­cing of Cor­por­ate Debt
1. In­tro­duc­tion On Sat­urday the 8th of March, the Roy­al De­cree –law 4/2014, dated 7th March, was pub­lished in the Of­fi­cial State Bul­let­in, which ad­opts ur­gent meas­ures in the sub­ject of the re­fin­an­cing...
31/03/2011
Cor­por­ate Bul­let­in nº 5 (Janu­ary - March)