BANKRUPTCY AND INSOLVENCY
Our Bankruptcy Law department is comprised of a multidisciplinary team who are involved in the restructuring operations of companies that are in situations of either solvency or insolvency. We are professionals dealing with preventive advice, consultation, strategy and legal action and anything you may require.
In Emilio Mora & Associates we offer comprehensive management of debt recovery and possess a professional team with expertise in negotiating techniques and alternative solutions to conflicts, with the goal of exhausting the extrajudicial administration to the maximum with the result of a favourable outcome in the shortest time possible, or if necessary, to go ahead with legal proceedings.
We pursue the debt recovery of credit and money, even in the case of disappeared companies or bankruptcies – no matter if claiming to the administrators in the exercise of the liability and not disregarding the criminal case.
Additionally we have extensive experience in the planning and implementation of bankruptcy proceedings. On the part of the debitor, we design collection and assessment strategies in pursuit of their claims in situations of insolvency. We enact real or financial guarantees, including the implementation of shares and conduct negotiation with the bankruptcy administration in order to maximise the returns or recover-ability of credit. On the part of the debtor we analyse the solvency situation to determine the feasibility of the tender.
Insolvency vs bankruptcy
The bulk of the confusion around the connection between insolvency and bankruptcy exists because of how the two terms play off each other. You can be insolvent, unable to pay debts when they’re due, without being bankrupt. However, you can’t be bankrupt, undergoing the legal process the resolves debt with a court’s oversight, unless you prove insolvency. One is a state of economic distress that an organisation may be able to work through, while the other leads to a court order, dictating how debts will be covered. It’s similar to a two-line defence system for when a business gets into financial trouble. Insolvency is the first line, where an organisation can work to resolve its debt even though paying obligations off may be difficult. When those attempts fail, bankruptcy comes in as the second line, where a court has the ability to excuse some debt and rule on a payment plan to resolve the organisation's financial trouble for them.