The Draft Bill of Amendment of the Insolvency Act for the transposition of Directive 2019/1023

The Draft Bill of Amendment of the Spanish Recast Insolvency Act seeks to overcome some of the limitations of Spain’s pre-insolvency and insolvency system. The changes expected to have the greatest impact on restructurings are:

• the creation of a new pre-insolvency stage referred to as ‘likelihood of insolvency’;
• the substitution of ‘refinancing agreements’ by ‘restructuring plans’;
• the possibility of not only affecting financial claims, and extending the effects of restructuring plans to dissenting classes of creditors and shareholders; and
• the modification of the homologation challenge regime.

See complete article at: Insolvency and Restructuring International, Vol. 16, No. I, April 2022.