Restructuring & Insolvency Newsletter - October 2020 | News, publications and events

Iván Heredia publishes two articles on international transfers of claims and security interests in intellectual property in Spain

The article by Iván Heredia on the subject of international transfers of claims and their effects as against third parties (Cesiones internacionales de créditos y eficacia frente a terceros) was published in the March issue of journal La Ley Unión Europa. Iván also had published a chapter entitled Security rights in intellectual property in Spain in a collective work on Security rights in intellectual property.

INSOL Europe publishes a guidance note chaired by Adrián Thery with guidelines for applying Directive on preventive restructuring frameworks

As part of the Directive Project organized by INSOL Europe in 2019, a guidance note signed by Adrián Thery and Tomáš Richter has been published with the title: Claims, Classes, Voting, Confirmation and the Cross-Class Cram-Down. The Bankruptcy Roundtable blog hosted by Harvard University Law School talked about this publication in a post on August 18, 2020.

Iván Heredia takes part in FIDE Foundation’s talk on arbitration and cross-border insolvency proceedings

Iván Heredia participated as speaker in the talk on arbitration and international insolvency: new case law (Arbitraje y concurso internacional: novedades jurisprudenciales) at the FIDE Foundation on May 21, 2020.

Marina Lorente publishes article on insolvency tools available to help hospitality industry contend with the economic crisis caused by COVID-19

Marina Lorente has published an article on the website of a Spanish hotel and tourist accommodation association (Confederación Española de Hoteles y Alojamientos Turísticos) explaining the various insolvency tools for these types of businesses affected by the economic crisis caused by COVID-19.

Andrés Gutiérrez participates in joint chairing of eighth edition of insolvency conference

This conference, held online between June 4 and June 9 2020 and organized by Wolters Kluwer and Revista de Derecho Concursal y Paraconcursal, a Spanish insolvency law journal, hosted a wide range of talks and roundtables on topical subjects related to refinancing agreements, creditors’ arrangements and transfers of productive units.

Juan Verdugo speaks at seminar on ‘Legal levers for orderly management of the crisis’ organized by Asociación para el Progreso de la Dirección

At this virtual gathering held on July 8 participants analyzed the protection measures for businesses in the post-pandemic scenario, directors’ liability, and the latest debt restructuring trends.

Garrigues and Madrid Bar Association contribute to disseminating the Recast Insolvency Law

In July and September Borja García-Alamán and Juan Verdugo took part in a panel of experts selected by Madrid Bar Association to give talks on transfers of productive units and the notice of commencement of negotiations.

Juan Verdugo and Luis de la Peña publish article in 2020 ‘Commercial law practice review’

In their article on the managers of claims (servicers) and their registration on the registers created by the law on real estate credit agreements (Los administradores de créditos (servicers) y su inscripción en los registros creados por la ley de contratos de crédito inmobiliario), Juan Verdugo and Luis de la Peña explain and illustrate using a real case the impact that the entry into force of the Law on Real Estate Credit Agreements has had on servicers.

Adrián Thery and José Manuel Fariñas publish articles in insolvency journal on productive units

The latest issue of journal Revista de Derecho Concursal y Paraconcursal published a study by Adrián Thery on a second chance for productive units (Una segunda oportunidad para las unidades productivas), and an analysis by José Manuel Fariñas on transferring government contracts when selling productive units in insolvency proceedings (Cesión de contratos administrativos en la venta de unidades productivas en sede concursal).

Chapter by Andrés Gutiérrez on ‘Corporate governance issues surrounding homologated refinancing agreements’ published in collective work ‘Reestructuración y gobierno corporativo en la proximidad de la insolvencia’

A collective work on restructuring and corporate governance in the vicinity of insolvency (Reestructuración y gobierno corporativo en la proximidad de la insolvencia), dedicated to the memory of the first director of the Garrigues Restructuring and Insolvency department (Antonio Fernández), includes a chapter prepared by Andrés Gutiérrez on corporate governance issues surrounding homologated refinancing agreements (Cuestiones de gobierno corporativo en torno a los acuerdos de refinanciación homologados).

Marina Lorente takes part in conference on Second Chance Law organized by Madrid Bar Association

At the seminar held on September 29, 2020 speakers explained the second chance mechanisms in the Recast Insolvency Law and how they work in practice.

Garrigues participates this year again in running insolvency forum Foro Concursal de Madrid 2020-2021

For another year running Foro Concursal brought together restructuring and insolvency specialists to analyze and explore, with judges at all levels, the main new items of legislation on the insolvency system and the preventive mechanisms to avoid insolvency. At the Madrid forum, Juan Verdugo is on the list of lecturers and is in charge of New and Current Legislation.

Adrián Thery participates as a professor in a course on ‘Corporate governance and preinsolvency in a post-COVID 19 scenario’

The course is promoted by the Complutense University of Madrid and takes place at the School of Legal Practice between October 1 and December 4, 2020.

The ‘XIV Meeting of Bankruptcy Law Professionals in Galicia’ has the participation of Adrián Thery

The Meeting took place on October 1 and 2, 2020 and had as its central axis the Recast Insolvency Law.

Adrián Thery participates in REFOR's webinar Plan on restructuring and refinancing

The participation of Adrián Thery took place in the third session held on September 30 related to The need of an economist in pre-bankruptcy institutes and in insolvency situations.