27/03/2020
A quick solution after the declaration of bankruptcy of a company is the transferring liquidation of the productive unit focused on the search for investors. It is very important that the investor has specialized advice before making a binding offer to assess the company and its risks, verify and identify the production unit and its valuation, and ensure that the competitive sales process is transparent and safe.
It is important to clarify that the sale of the productive unit involves the transfer of the debtor's assets, but not the liabilities of suppliers recognized in the bankruptcy and, with respect to the debts in favor of the General Treasury of Social Security, only it will be obliged to the debts that have their origin in the work contracts in which it is subrogated, and not in the totality of the labor liabilities.
In this context, a reform was introduced in 2011 to avoid the intense deterioration of the assets managed in the Court, with which the terms are shortened and the transmission, within the bankruptcy, of the productive unit to a third party has been accelerated and reached a pre-bankruptcy agreement ("pre-pack agreement").
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