The client is at the core of what we do
Recognized and accredited Restructuring and Insolvency practice comprised of qualified lawyers with extensive experience in this area, who also receive support from team members of other practices within the firm (Employment, Contentious-Administrative, Tax, etc.) to provide the best advice and defense if bankruptcy proceedings were to be necessary, which are particularly complex due to their impact on multiple areas of law.
Expertise
Our advice is mainly aimed at companies and individuals who may be affected by the possible economic crisis of a company. We can assist, for example, in company restructuring procedures, debt refinancing, advice and defense of the debtor in bankruptcy proceedings, defense of creditors’ rights, advice on the liability of directors/administrators, investments in bankruptcy assets and liabilities, etc.
We help entrepreneurs and professionals with financing operations for their company; acquisitions they intend to carry out; the secondary loan market; financing of companies in crisis; purchase and sale of credits; granting of credits to companies in special situations; acquisition of debt packages; etc.
Concerning refinancing, we assist debtors in determining the most optimal refinancing rate for their specific situation, intervening in the negotiations, drafting, and – where appropriate – ratifying agreements. From the other perspective, we also advise investors, funds, or financial institutions concerning these refinancing agreements, analyzing the proposals and guarantees, as well as on negotiations and drafting of agreements.
We also provide our professional services to various types of companies and investment funds interested in acquiring companies, production units, individual assets, or credit portfolios, reducing legal risks of operations as much as possible, carrying out legal due diligence processes, drafting confidentiality agreements, formalizing offers, drafting contracts, consulting with the competition authorities if the operation were to require it, etc.
And, of course, we provide services as lawyers for the party filing for bankruptcy (voluntary or involuntary), as well as in the representation of creditors, our team of specialists has participated in numerous bankruptcy proceedings.
As lawyers for the debtor, we provide advice both before the bankruptcy and throughout the proceedings. Thus, during the pre-bankruptcy phase, we offer our experience and expertise to the client to carry out negotiations with creditors and work on financial restructuring measures that could be used to avoid bankruptcy; and analyze the debtor’s employment structure as well as the possible effects of the declaration of bankruptcy and sources of financing. Then, at the time of the bankruptcy proceedings, we offer complete advice and defense of the client in all matters relating to the development of the bankruptcy proceedings, providing legal coverage during all phases until their conclusion, whether by way of agreement or by winding up process, defending the client (if applicable) in the phase evaluating the bankrupt’s degree of fault.
Likewise, we also intervene in the defense of creditors of an insolvent party (whether bankrupt or not), deploying our services to try to obtain a collection of insolvency claims, preparing the notification of the same to the bankruptcy proceedings, challenging reports of the parties involved in the bankruptcy, exercising actions for termination of contracts, defending the interests of our client in the reinstatement actions that may be applicable, studying the winding-up plan (and the possible challenge of the same), and subsequent measures.
https://www.martinezechevarria.com/en/area/insolvency-and-restructuring/