Restructuring & Insolvency Newsletter - October 2018
Spain -
For another year running, Global Restructuring Review, top-notch publication specialized in cross-border restructuring and insolvency, selected Garrigues to contribute to The European, Middle Eastern and African Restructuring Review 2018. This year our specialists discussed insolvency litigation funding, a new type of finance which has already given rise to major transactions in Spain.
The article examines a few controversial issues such as disclosure of the funder’s existence and identity, security for costs and differences between litigation funding and the assignment of claims.
Judgments of interest
- Collective layoff voided at Spanish branch of a company subject to German insolvency proceedings
- Following commencement of the liquidation phase, an insolvency practitioner fails in its duties by not substituting the debtor in proceedings under way
- Claims for personal income tax withholdings arise on payment of the wages
- A corporate group exists for insolvency purposes even if an individual or non-commercial company is at the pinnacle of the group
- The value of a REO property having to be clawed back is calculated by reference to its value on foreclosure of the mortgage
- EU legislation on unfair terms is not applicable to the assignment or purchase of consumer debts
News, publications and events
- Garrigues partner Juan Verdugo analyzes the recovery of non-performing loans in light of the recent decision by the Directorate-General of Registries and the Notarial Profession (DGRN) on issuing enforceable copies of public deeds
- Garrigues takes part in the main domestic and international restructuring and insolvency events
Contacts
