Insolvency Procedure in Spain: Guide for Companies & Creditors

Introduction to Insolvency in Spain

If a business or individual in Spain can no longer meet its financial obligations, the insolvency procedure (concurso de acreedores) is triggered. This legal process:

  • Protects creditors’ rights

  • Allows for business restructuring or liquidation

  • Ensures fair asset distribution

At Borderless Lawyers, we represent both insolvent parties and creditors in navigating this complex procedure under Spanish commercial law.


🧭 Key Phases of the Insolvency Procedure

1. 🟡 Pre-Insolvency Stage (Preconcurso)

  • Companies that anticipate insolvency can notify the court to buy time (up to 12 months)

  • Allows negotiations with creditors to restructure debt

  • Public registry entry suspends enforcement actions

📌 This phase encourages out-of-court solutions and recovery planning.


2. ⚠️ Voluntary or Compulsory Insolvency

Type Trigger Who Files
Voluntary Debtor files within 2 months of recognizing insolvency Company/Individual
Compulsory Filed by creditors when debts are unpaid Creditors

🔍 Courts may impose fines if insolvency is filed late or fraud is suspected.


3. 🧑‍⚖️ Declaration of Insolvency

  • The Mercantile Court declares insolvency

  • A judge appoints an Insolvency Administrator (administrador concursal)

  • Company management loses control or shares it with the administrator

  • Bank accounts and asset management become supervised

🛑 Creditors cannot take individual legal action after this stage.


4. 📃 Creditors’ List & Classification

The insolvency administrator prepares:

  • 📋 A list of recognized creditors

  • 🔍 Classification into:

    • Privileged (e.g. tax authorities, employees)

    • Ordinary

    • Subordinated (e.g. related-party loans, late-filed claims)

Creditors are invited to submit claims within 1 month of publication.


5. 🔄 Agreement or Liquidation

There are two potential outcomes:

🛠️ Restructuring Agreement (Convenio)

  • Negotiated plan to pay creditors and continue business

  • Requires approval of majority creditors

  • Court must ratify the plan

🏚️ Liquidation (Liquidación)

  • If no agreement is reached or insolvency is deemed irreversible

  • Assets are sold to repay debts

  • Business is dissolved and deregistered

📌 Insolvency can be converted to liquidation automatically under certain conditions.


💼 Duties of the Insolvent Debtor

During the process, directors and administrators must:

  • Cooperate with the court and administrator

  • Avoid wrongful trading (operating while insolvent)

  • Submit accurate financial records

⚠️ Failure to comply may result in personal civil or criminal liability.


💰 Creditors’ Rights in Spanish Insolvency

Creditors can:

  • File for insolvency

  • Submit and appeal claims

  • Challenge fraudulent transfers

  • Participate in restructuring plans

Foreign creditors have equal rights under Spanish and EU insolvency law.


🔁 Cross-Border Insolvency Cases

Spain applies EU Regulation 2015/848 for cross-border cases:

  • Mutual recognition of insolvency proceedings

  • Coordination with foreign courts

  • Cooperation with foreign insolvency administrators

🌍 This is key for multinational businesses or foreign subsidiaries operating in Spain.


💬 Real-World Example: UK Supplier Recovers Funds

A UK-based electronics supplier was owed €220,000 by a Spanish retailer that entered insolvency. We:

  • Filed the creditor’s claim on time

  • Protected their position as a privileged creditor

  • Recovered 86% of the amount via structured payments

✅ Outcome: Strategic filing + creditor classification maximized recovery.


🚀 Get Expert Help with Insolvency in Spain

Whether you’re a struggling business or a creditor trying to recover debts, Borderless Lawyers provides:

  • ✅ Legal filing of insolvency procedures

  • ✅ Director liability protection

  • ✅ Restructuring plans & out-of-court agreements

  • ✅ Creditor claims and enforcement

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