Global Restructuring Review - Cross-border restructuring and insolvency legal news, features and events

Spain Worked Out: The highs and lows of homologation

By Kyriaki Karadelis

21 January 2020

Spain Worked Out: The highs and lows of homologation Madrid, Spain / shutterstock.com/Matej Kastelic

Spain had no pre-petition restructuring tool until 2009. Its first attempt to create one was rather limited. The legislation wasn’t clear on the requirements for the petition itself, and Spanish courts construed it in very different ways, with some interpreting it as granting a temporary moratorium during which the debtor could attempt to strike a deal, but after which it would still be required to enter insolvency proceedings at the end.