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Our Restructuring & Insolvency Department consists of a multi-disciplinary team of professionals who render legal advice to financially-distressed multinational groups and corporations.
The Department advises in corporate restructuring procedures, drawing up feasibility plans for submission to financial institutions and creditors, and implementing these plans for an optimal financial and asset position.
As part of our services we handle national and international insolvencies and extrajudicial restructurings, negotiating and formalizing refinancing agreements. We also assist creditors by conducting reviews of debtors' solvency, advising in contractual arrangements, and obtaining security for debts.
Our Restructuring & Insolvency team takes part in the analysis and prevention of conducts that may result in corporate, tax and/or criminal liability, and can defend de facto and formally-appointed corporate directors in contentious matters.
Services
Corporate restructuring
- Creation and implementation of viability proposals with credit institutions and suppliers to achieve optimal economic-financial and asset structuring.
- Adoption of employment measures designed to adapt the enterprise's production and organisational structure to new conditions.
- Implementation of judicial and non-judicial procedures.
- Out-of-court agreements and insolvency proceedings.
- Sale of assets, production lines and units.
- Legal representation and advice in domestic and international insolvency proceedings.
Debt recovery
- Analysis of debtor's solvency.
- Advice on the negotiation of contracts and the obtaining of security for the protection of credit rights.
- Advice on negotiating with companies in difficulties.
- Legal enforcement of credit rights in both individual and insolvency proceedings.
Acquisition of companies and assets
- Carrying out of Due Diligences in sale and purchase operations.
- Advice throughout the acquisition process, domestic or international, reducing the legal risks of acquisitions.
- Defence against insolvency asset recovery actions.
Liability of directors and managers
- Analysis and prevention of conduct involving corporate, tax or criminal liability.
- Legal representation in cases of liability of official or de facto company directors.
Professionals
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Javier Lacleta |
Partner |
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Javier Mata Vázquez |
Senior Partner |
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Marta Morales Crespo |
Partner |
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Benjamín J. Prieto Clar |
Partner |
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Javier Marquina |
Counsel |
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Javier Rubio |
Counsel |
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María Soler Ferrús |
Counsel |
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Fernando Redondo |
Of Counsel |
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Ana Ferrando Lamana |
Director |
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Carlos Soto García |
Director |
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Natalia Andrés Galán |
Senior Associate |
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Carla Carrasco Redondo |
Senior Associate |
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Antonio García Darias |
Senior Associate |
Publications
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Europe after Directive (EU) 2019/1023 of 20 June 2019: A comprehensive European Guide | News | Restructuring and InsolvencyDirective 2019/1023 aims to harmonize and modernize restructuring and insolvency frameworks across EU member states. This publication reviews the varying legal frameworks in different EU countries and some non-EU jurisdictions
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Andersen strengthens its position in Chambers with eight departments and 15 leading professionals in the Chambers Europe 2022 ranking | News | Corporate Compliance | Culture, Sports & Entertainment | Banking and Finance | Tax | Employment Law and Social Security | Corporate Law and M&A | Litigation | Public and Regulatory Law | Urban Planning and Environmental Law | Environment and Sustainability | Restructuring and InsolvencyThe 2021 edition of Chambers & Partners highlights the firm in the areas of Corporate/M&A, Dispute Resolution, Employment and Tax and, for the first time, Public Law, Planning, Corporate Compliance and Environment
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Andersen improves its ranking in The Legal 500 with nine top areas and new individual recognitions | News | Agrifood | International Arbitration | Banking and Finance | Tax | Real Estate | Employment Law and Social Security | Corporate Law and M&A | Litigation | Public and Regulatory Law | Restructuring and InsolvencyThe firm is ranked in the "Industry focus: Food" area and Ignacio Aparicio is included as Leading Individual in the "Corporate, Commercial and M&A" area.
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New moratorium on insolvency proceedings | News | Restructuring and InsolvencyClaudio Aguiló explains the approval of the new moratorium on the obligation to file for insolvency proceedings in El Economista.
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European Guide to Support Businesses | COVID-19 Impact | Debt Restructuring and Insolvency | COVID-19 | Restructuring and InsolvencyEuropean Business Support Guide on Restructuring and Insolvency that different countries in Europe have put in place to alleviate the effects of COVID-19
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Bankruptcy measures approved by 28th April Royal Decree-Law 16/2020 | COVID-19 | Restructuring and InsolvencyRegarding Royal Decree-Law 16/2020 which provides for important insolvency measures such as the postponement of the duty to request the opening of the liquidation phase or to file an application for insolvency proceedings, modification of the creditors' agreement or incentives for the financing of companies, among others
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Effects of Royal Decree Law 16/2020 on both approved creditors' agreements and refinancing agreements | COVID-19 | Restructuring and InsolvencyRegarding Royal Decree-Law 16/2020 of 28th April
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Main measures in relation to COVID-19 adopted by Royal Decree Law 8/2020 | COVID-19 | Restructuring and InsolvencyRegarding Royal Decree-Law 8/2020 on urgent extraordinary measures to deal with the economic and social impact of COVID-19
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Andersen Tax & Legal incorporates Manuel Calvé to take on the coordination of the Insolvency Administration area | News | Restructuring and InsolvencyManuel Calvé joins the firm as Of Counsel and coordinator of the Insolvency Administration area, integrated in the Restructuring and Insolvency department
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Iberian Lawyer recognizes Claudio Aguiló in the ‘Forty under 40’ awards | News | Restructuring and InsolvencyClaudio Aguiló, Senior Associate of Restructuring & Insolvency, has been recognised as one of the best 40 Iberian Lawyers under the age of 40 years old
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Andersen Tax & Legal climbs positions in the Chambers Europe 2019 ranking | News | International Arbitration | Tax | Employment Law and Social Security | Corporate Law and M&A | Litigation | Restructuring and InsolvencyThe publisher highlights the areas of Dispute Resolution, Corporate/M&A, Employment and Tax
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Practical Law: Country Q&A on Mediation, Settlement and Governing law & Jurisdiction | News | International Arbitration | Litigation | Restructuring and InsolvencyLuis Morón, Natalia Andrés y Carla Carrasco contribute to the Practical Law guide published by Thomson Reuters
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Chambers Highlights Andersen Tax & Legal in the Dispute Resolution and Corporate/M&A Areas of the 2018 Europe Guide | News | International Arbitration | Tax | Employment Law and Social Security | Corporate Law and M&A | Litigation | Restructuring and Insolvency
The editorial includes Íñigo Rodríguez-Sastre as an outstanding lawyer in Dispute Resolution, Javier Mata in Insolvency, Alfredo Aspra in Labour and Javier Vinuesa in Tax
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