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Spain

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Restructuring and insolvency

As you would imagine in a country with Spain's economic woes, restructuring and insolvency work has been wide ranging and has kept practitioners extremely busy.

"The Spanish economy is suffering heavily from this recession, we've got our specific problems which are basically a very small growth of GDP, therefore, we see more and more companies in financial stress. Financial stress for so many years increases the amount of companies which need restructuring," explains one partner.

There is still a desire from most companies to solve their problems out of court, but the inherent weakness in many – and indeed in the banks – means that insolvencies have been on the up. "Most of the companies would try to restructure out of court, in order to avoid insolvency in court, due to the fundamentals," says one partner. "These companies are very weak, the banks are not ready to restructure these companies, which means that the trend more and more is that the companies have to file for insolvency.

The new insolvency law, introduced in 2009 (Royal Decree 3/2009) has made it easier for companies to reach an agreement with creditors before full insolvency proceedings kick in, however as one would imagine critical amendments still need to be made to make it a more lean and efficient piece of legislation.

Another interesting new development, which has been seen in a number of jurisdictions across Europe, has been the increase in the use of English law governed schemes of arrangement. Again, this is born out of the desire of corporates to seek any means necessary to stay out of the courts. As the Spanish insolvency regime evolves, such foreign structures may decrease in popularity, but until the creases are ironed out, distressed companies will continue to consider all jurisdictions and tools available to them to find one that fits.

Cuatrecasas Gonçalves Pereira

Cuatrecasas Gonçalves Pereira is recognised as one of the most active law firms in the Spanish market due to its broad experience of handling both in-court and out-of-court transactions. "Cuatrecasas, Uría and Garrigues are fine in tier one, and three of them are involved in court procedures," says one peer.... [more]

Leading lawyers
Javier Castrodeza
Alejo López-Mellado
Fedra Valencia

Freshfields Bruckhaus Deringer

Freshfields is similar to other city law firms in that it puts more focus on out-of-court restructuring work and this strength is reflected in the firm's tier one position. "Normally the firm is doing out-of-court proceedings," says one peer.... [more]

Leading lawyers
Iñaki Gabilondo

Garrigues

Garrigues, like peers Cuatrecasas and Uría is active in all forms of restructuring and insolvency work and continues to be seen as one of the market leaders.One substantial in-court transaction saw a team of lawyers, including Antonio Fernández Rodriguez, Josep Ensesa and Juan Verdugo, advise Imgina - Mediapro in relation to its in-court restructuring amounting to over €1 billion in total.... [more]

Leading lawyers
José María Alonso Puig
Antonio Fernández Rodriguez

Uría Menéndez

Uría's track-record for both in-court and out-of-court work is recognised by its peers, as one says: "I think these three Spanish law firms [together with Garrigues and Cuatrecasas] have long track-records in this respect."One major deal at the firm saw a team of partners, including Sebastián Sáenz de Santa María, Fernando Azofra and Ángel Alonso, advise a syndicate of over 50 domestic and international banks on the €4.... [more]

Leading lawyers
Alberto Núñez-Lagos Burguera
Rafael Sebastián

Clifford Chance

According to Clifford Chance's peers, the City law firm "has a good restructuring department", though they see it "more in out-of-court work than in court work".Peers suggest that Clifford Chance should improve its in court restructuring practice as most of international firms are seen as "having a good out-of-court restructuring department".... [more]

Gómez-Acebo & Pombo

One of the outstanding mandates last year for Gómez-Acebo & Pombo saw the firm advising the Spanish real-estate developer Martinsa-Fadesa and its subsidiary groups on the insolvency proceedings in order to restructure their debt. Lead partners Francisco Peña and María José Paz-Ares led the team and obtained a restructuring agreement priced at €7.... [more]

Leading lawyers
José María Álvarez Arjona

Allen & Overy

The key restructuring and insolvency partner at Allen & Overy is Antonio Vázquez-Guillén who teamed up with Javier Castresana to advise a consortium of banks, including Banesto, Banco Espirito Santo, RBS and Caja Madrid, on the insolvency proceedings worth €250 million of Mediaproducciones, one of the largest audiovisual companies in Spain. Elsewhere, the duo advised Caja Madrid on the insolvency proceedings of a Spanish travel agency Viajes Marsans.... [more]

Baker & McKenzie

In the public service sector, Corporacion Jerezana de Transportes Urbanos called in Baker & McKenzie when José Ramón Casado and Laura Camarero advised the company on its insolvency proceedings. The importance of the mandate is due to the relevance of the public service that the company has been providing in Jerez de la Frontera, a city of over 200 thousand inhabitants, and the effects of the termination of the corresponding agreement with the city council.... [more]

Broseta Abogados

In line with the real estate sector's restructuring, Broseta Abogados represented a real estate development company Cuatre Carreres on its insolvency procedure, with assets valuation at €90 million.

In another notable occasion, the firm also advised Levante, a football club, on preparing and submitting applications for its bankruptcy and negotiation with creditors and other stakeholders.... [more]

CMS Albiñana & Suárez de Lezo

CMS Albiñana & Suárez de Lezo was involved in a number of substantial restructuring and insolvency mandates last year, including head partner Juan Ignacio Fernández-Aguado acting for SOS Cuetara on insolvency proceedings worth €250 million.

Another highlight saw Fernández-Aguado advise Caja Madrid on a number of insolvency proceedings involving Prodico, Grupo Dico Empresarial and Atlantis to name but a few.... [more]

DLA Piper

One highlight at DLA Piper last year saw partner Álvaro Lobato advise Administración Concursal de Nozar, the trustees of insolvent company Nozar, in relation to the matters of its insolvency proceedings, including the study and preparation of recovery actions, the preparation of the trustees' report, and legal advice on the creditors appeals.... [more]

Linklaters

Lead practitioners Francisco Málaga and Gonzalo Sánchez del Cura at Linklaters led the team advising Poliéster Extrusionado and PET Compañía para su reciclado on the two groups' pre - insolvency and insolvency work. At the same time, the team also advised on the dispute between shareholders.... [more]

Ventura Garcés & López-Ibor Abogados

Marta Gil de Biedma and Francisco Redondo from Ventura Garcés & López-Ibor Abogados teamed up to advise Núcleo de Comunicaciones y Control on its insolvency and refinancing agreement with a bank syndicate, as well as advise on pre-insolvency negotiations. The mandate was worth €100 million.... [more]

Deloitte Abogados y Asesores Tributarios

One example of Deloitte’s work last year saw Fernando González de Zulueta advise Infodesa, a software development company, on its voluntary liquidation process. Another highlight saw De Zulueta again involved in a similar transaction, advising Kelly Services Selección y Formación on its voluntary liquidation process.... [more]

Lupicinio

Lupicinio Abogados has been involved in a number of real estate insolvency cases in the last year. One saw Amadeu Blasco, León Barriola and Esther Cubillo work together advising Caja Madrid who acts as a creditor on the insolvency proceedings of a real estate developer with total liabilities above €1 billion.... [more]

SJ Berwin

The key restructuring and insolvency partner at SJ Berwin is Alfredo Guerrero. He led the team advising SIDSA on a petition for a declaration of voluntary bankruptcy; in addition, the firm also collaborated with the Bankruptcy Authority in the determination of SIDSA's assets and liabilities.... [more]

See also

Spain
Western Europe

Practice areas

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