LAWYER | BANKRUPTCY LAW
At Jurand Abogados y Consultores Tributarios we have great professionals specialized in Commercial Law and Bankruptcy Law.
Using his professionalism and experience, our bankruptcy lawyer Granada, Madrid, Barcelona, Córdoba and Ceuta is in charge of advising both individuals or companies that are in a situation of insolvency, as well as people and entities that are creditors of insolvent entities.
How can we help you
With regard to debtor advice, our lawyers and advisers provide the following services:
- Advice prior to the presentation of an application for bankruptcy
Preparation of the bankruptcy administration report.
- Restructuring and pre-bankruptcy refinancing, to reach payment or refinancing agreements.
- Representation and defense of debtor entities in any bankruptcy procedure.
- Preparation of the agreement and negotiation proposals with creditors.
- Protection of partners and administrators of companies that are in bankruptcy.
While the services of the bankruptcy lawyer as a creditors advisor are:
- Continuous monitoring of the bankruptcy procedure.
- Negotiation of the proposed agreement with the debtor’s bankruptcy administrator.
- Representation of the client in all phases of bankruptcy proceedings.
- Defend the interests of the creditor against the bankrupt debtor or against his partners or administrators.
- Challenge of decisions made by the debtor’s bankruptcy administrator.
Who is responsible for bankruptcy mediation fees?
The bankruptcy lawyer is appointed by a judge when a company enters a bankruptcy.
In a bankruptcy mediation, the creditor will be responsible for the bankruptcy attorney’s fees. The amount is found in Royal Decree 1860/2004.
The determination of the fees is set according to the liabilities and assets, as well as the level of complexity of this procedure.
The amount will be different for the common phase of the contest, and for that of the agreement or settlement.
The bankruptcy attorney will have to receive 50% of the payment of the common phase within five days of being appointed by a judge. And the remaining 50% must be received within 5 days after the final resolution of this phase.
Do you need to ask us a question?
First signs of illiquidity or insolvency of a company
Entrepreneurs must be attentive to the indicators that warn of a situation of illiquidity or insolvency in their business.
When even having assets it is difficult for you to face certain expenses. It lacks the material resources to continue with the development of its activity.
Many times companies are not fully aware of their insolvency situation and their legal and accounting situation until they close the financial year.
What measures should be taken in the face of this situation of insolvency in a company?
When an entrepreneur does not have liquidity to meet his ordinary payments, he has the legal obligation to file bankruptcy within two months.
This does not mean that you have to prepare for the end of your company, quite the opposite. The Bankruptcy Law was made precisely with the idea of helping companies to get out of a bad economic situation. Therefore, bankruptcy should be seen as an opportunity to redirect the company and defend it from creditors. It is also a protection system for partners, administrators and managers of the company. Since it protects them from the derivation and direct claim of creditors on their personal assets.
Our Bankruptcy Lawyer is in charge of responding to the legal problems that insolvency situations pose for both debtors and creditors when recovering and defending their credits.
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