BMC’s insolvency practice advises companies, self-employed individuals, and investors in financial distress, restructuring, and insolvency proceedings. Our goal is always the same: intervene when real options still exist, preserve the business, and limit personal liability.
Pre-insolvency restructuring
When insolvency is still imminent, the TRLC provides instruments to avoid formal proceedings:
- Pre-insolvency proceedings: Court notification to activate the judicial shield against individual enforcement actions during the negotiation period.
- Debt restructuring: Class-by-class creditor negotiation with haircut, standstill, and operational restructuring, with judicial homologation binding on dissenters.
- Judicial restructuring plan: Homologation application before the Mercantile Court for plans requiring binding effect on dissenting creditors.
- Restructuring plan (Insolvency Law): Insolvency restructuring instruments for SMEs with significant liabilities and complex financial exposure.
Corporate insolvency and special procedures
- Insolvency advisory: Full management of SME insolvency — from viability assessment to the composition proposal, collective redundancy, and classification stage.
- SME micro-enterprise process: Digital simplified route for small companies: no insolvency administrator, agile processing, reduced cost.
- Express insolvency: For companies with no assets sufficient to cover administration costs: immediate dissolution with simultaneous opening and closure.
- Insolvency qualification: Defence at the classification stage to limit or avoid personal liability for directors and senior officers.
- Insolvency agreement: Drafting and negotiation of the composition proposal with the creditor mass — the alternative to liquidation within the proceedings.
- Insolvency rescission: Challenge of transactions prejudicial to the insolvency estate carried out in the suspect period before filing.
Second chance and public debt
- Second chance law: Advisory for self-employed individuals and private persons on debt discharge, including public debt within the TRLC limits expanded by the Supreme Court in 2026.
- Public debt negotiation: Instalment arrangements with tax authority and social security, inside and outside insolvency proceedings.
Debt recovery and dissolution
- Debt recovery: Pre-litigation demand, payment order proceedings (Arts. 812–818 LEC), enforcement, and asset seizure for corporate creditors.
- Company dissolution: Full processing of voluntary dissolution with tax, registry, and notarial coordination.
Related Insights
Go deeper with our most recent analysis:
- Corporate Insolvency in Spain 2026: Complete Legal Guide — Phases of the concurso, creditor rights and pre-insolvency alternatives under Spanish law
- Corporate Restructuring Spain: 5 Options Compared — When to use a debt-to-equity swap, pre-pack, or homologated plan
- Liquidation vs Insolvency in Spain: When to Use Each Route — Practical guide for choosing the most efficient procedure based on the liability profile
- Buying a Business in Spain 2026: Step-by-Step Guide — Acquiring productive units or assets from distressed companies in insolvency proceedings
- Business Viability Plan Spain: Template & 5-Step Guide — How to build a credible restructuring plan that satisfies creditors and the court
