Why take this course?
Both the Directive on “early warnings” and the Consolidated Text of the Bankruptcy Law and its jurisprudential development focus on solutions to the insolvency situation. However, the mayor leaves the company in trouble because they cannot find a solution and ends up in liquidation without the sale of the production unit, loss of business value, loss of work and generation of a dominated effect in the case of those sectors that are particularly affected.
In many cases, the lack of resolution is due to a loss of anticipation on the part of the companies, to a loss of knowledge of the solutions that affect the scope of Spanish companies or to the cause that gives rise to a situation of competition or pre-competition. . This executive program, unlike others, focuses on the English concept of "turnaround" or business recovery and precisely the focus on the various solutions that the business has in a situation of treasury stress: options outside the framework of a procedure such as refinancing agreements (or restructuring plans, as defined in the Preliminary Draft), the traditional creditors' agreement (with special emphasis on the early proposal) or liquidation, with special emphasis on maintaining the business through the sale of the unit productive (both at an initial moment —pre pack— and throughout the entire bankruptcy procedure). To complete our practice, you will have access to the basic materials of the Course and you will analyze relevant cases (Abengoa, Crail Linguistics, etc.) as a fundamental pillar of learning.
In short, the purpose of the Course is to study four solutions that are proposed in situations of insolvency in which many of our companies are unfortunately “falling”. Along with the basic materials of the Course, there will be a Digital Meeting for each Module where, with an eminently practical character, the subject will be addressed by sharing their experience with the teachers, to which will be added dynamism with the latest publications where a good account of the advances of the reform project of the Consolidated Text of the Insolvency Law that will affect this matter so much.
Objectives
- Identify and analyze the problem beforehand and find out about businesses with portfolio difficulties, legal obligations, possible solutions and action times.
- Know in detail the different solutions to possible situations of insolvency in which companies may fall.
- Master the pre-bankruptcy and bankruptcy mechanisms, with special attention to the earliest solutions.
- Delve into the solutions that imply the survival of the company and/or the business, including pre-packs and sales of production units throughout the bankruptcy procedure.
SCHEDULE
- Module 1. Problem: insolvency. Increased cash flow. Assumptions of current and imminent insolvency. Early warnings and probability of insolvency. proportions Obligations related to the request for competition. Brief introduction to solutions.
- Module 2. Solution 1: Precontest. Operational restructuring. OCW (out of court training). Financial restructuring. Refinancing agreements / restructuring plans. Requirements, majorities, deadlines, homologation, challenges and revocations.
- Module 3. Solution 2: Advance proposal of agreement, agreement and counterclaim. Analysis of the required liability. Feasibility map and payment map. Quit and wait. Negotiation process with creditors, singular agreements and majorities. Evaluation of competitive administration. Complement. Counterclaim.
- Module 4. Solution 3: Pre-packaging. Sale of productive unit at the beginning of the procedure. Requirements, deadlines, processing and effects. Criteria of Madrid, Barcelona and Palma de Mallorca on pre-packaging.
- Module 5. Solution 4: Orderly liquidation and sale of the productive unit at other moments of the procedure. Settlement Map. Quarterly information. Sale through specialized expert. Productive Unit Sale.
Methodology
The program is distributed in e-learning mode through the Wolters Kluwer Virtual Campus with downloadable materials from the Smarteca Professional Library and complementary materials. From the Teacher's Forum the guidelines will be set, invigorating with the reinforcement of concepts, notes and practical applications of the contents. Throughout the Modules, the student must gradually carry out various evaluable activities for which they will receive the appropriate guidelines for their realization. Other training activities with the content of the Cursus will be the Digital Meetings that will have a module through the videoconferences of the Campus itself carried out in real time between the professors and the alumni, from which we will discuss concepts, clarify and discuss the application to sections of the case methodology. The Digital Meetings will be recorded to be available on the Campus itself as another training resource.
In this Course, faced with business crisis situations, many of them will lead to serious insolvency situations that will require an eminently practical approach with ad hoc solutions. In addition, there are renowned experts as teachers who, in addition to sharing their own experience, will resolve any doubts that may arise both through the Teacher Follow-up Forum and in real time in the Digital Meetings that will be held. In short, a training that will stay with you.
educational team
- Jose Carlos Delgado. CARLES company | CUESTA Former investment banker, economist, lawyer and bankruptcy administrator. Co-director of the Insolvency Tech & Digital Assets area of INSOL Europe. Co-editor of the magazine specializing in business restructuring Eurofenix. Fellow of INSOL International. Professor of Bankruptcy Law at Comillas ICADE and CEU San Pablo University. Member of the Advisory Council of the Restructuring and In[1]solvencies Section and co-director of the Master's Degree in Business Restructuring[1] of the Madrid Bar Association. Founding member of the Spanish Insolvency Law Club (CEDI). Regular speaker at international conferences on Bankruptcy Law and author of numerous publications on restructuring and insolvency.
- Carlos Cuesta Martin. CARLES company | CUESTA Lawyer and bankruptcy administrator. Researcher at the Financial Markets Law Chair at Universidad CEU San Pablo, where he is also a professor. Professor of Bankruptcy Law at Comillas ICADE. Honorary collaborator of the Department of Public and Economic Law of the University of Córdoba. Co-director of the Master in Business Restructuring of the Madrid Bar Association. Founding member of the Spanish Insolvency Law Club (CEDI). Regular speaker at conferences on Commercial and Bankruptcy Law and author of numerous publications on restructuring and insolvency.
- Jose Maria Fernandez Seijo. José María Fernández Seijo, a magistrate specialized in commercial matters, will be in charge of analyzing the current regulation and the future prospects of the Second Chance mechanism.
