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The insolvency novelties for the 2021/22 academic year | El Economista
Opinion article by our lawyers Rodrigo López and José Antonio Gómez Calafat on the new developments in insolvency law for the coming year.
You can read the full article here.
You can read the full article here.
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Rodrigo López – Partner
José Antonio Gómez Calafat – Counsel
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Sandra Cuesta
Director of Business Development, Marketing and Communications
Sandra Cuesta
Director of Business Development, Marketing and Communications
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Compensation for ‘loss of chance’ to reorganise the company had the banks fulfilled their financing commitments (Supreme Court (First Chamber) Judgment no. 1944/2025 of 23 December)
The Supreme Court applies compensation for loss of chance a second time outside the scope of healthcare liability and goes so far as to compensate cases that would have otherwise remained uncompensated.
PUBLICATION
26 Feb, 2026
A restructuring plan sanctioned in England and Wales that modifies debt subject to German law has no effect in Germany
Recognition of UK restructuring plans remains a contentious issue in the European Union. This decision by the Frankfurt am Main Regional Court is controversial, but it raises questions about the consequences of the application of the rule in Gibbs by the courts of England and Wales in this context.
PUBLICATION
08 Oct, 2025
How does a right to purchase or repurchase operate in relation to an insolvent estate?
For the first time in the Supreme Court: purchase rights in insolvency proceedings.
PUBLICATION
28 Jul, 2025
Are "pre-packs" insolvency proceedings for the purposes of the Insolvency Regulation?
The Proposal for a Directive harmonising certain aspects of insolvency law regulates pre-packs and, in doing so, raises some questions about the functioning of private international law rules in relation to them.
PUBLICATION
07 Jul, 2025
Treatment within insolvency proceedings of claims arising from post-composition clawbacks
In Judgment no. 519/2025 of 1 April, the Supreme Court tackles the treatment to be given within insolvency proceedings to a claim acknowledged by way of court-ordered clawback (avoidance) prior to court approval of a composition.
PUBLICATION
16 May, 2025
Secured creditor class in the approval of a pre-insolvency restructuring plan
Elucidating certain matters relating to the membership of the secured creditor class(es) in Book II of the Insolvency (Recast) Act.