Friday, August 3, 2012

Tips for Searching for Lawyer For a bankruptcy proceeding


If your intention is to call a meeting of creditors, it will bring to their preparation for a lawyer in the matter. You may have the "lifetime", which is bright even in other areas, and very willing to assume when the new request. Or even you can not refuse it, just based on personal relationships gotten.

But experience should go to a professional in the field, who have a priori a more or less clear on the possible consideration as guilty or not contest, and thus the administrator personally liable. There are some cases "juris et de jure", ie automatically trigger guilt, art. 164.2 Insolvency Act, and other "rebuttable" or capable of proof to the contrary, Art. 165, while also ensuring that the indemnity of the administrator are not certain of the first, that as we operate "de facto".

If you check the first, the best advice is try to avoid taking full advantage of the procedure as many alternatives for the refloating of the company go through our imagination. As if on the second there is reasonable doubt.

Renegotiations of debt payments, contractual obligations and commercial terms. Returns of merchandise, payment in kind, remove it and wait killings. All these are measures that can surprise us with his benevolence.

That said, if it goes ahead, a complaint has been filed for voluntary bankruptcy, it is possible that we are required to provide additional documentation and / or clarification. Even more things often request that the law itself provides in Article 6. A lawyer skilled in the art, will anticipate the requirements, which will save time, in adverse circumstances and whether the company can be viable, turns out to be the most valuable.

Rafael Linares. Labor and business lawyer.

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