Best Bankruptcy & Debt Lawyers in Córdoba

About Bankruptcy & Debt Law in Córdoba, Argentina

Bankruptcy and debt law in Córdoba is part of the broader national framework that governs insolvency, debt collection and creditor-debtor relations across Argentina. While the core rules are federal, many processes are administered through local courts in Córdoba - both national commercial courts and provincial civil and commercial tribunals - and there are local institutions and offices that help individuals and businesses navigate enforcement, consumer claims and debt restructuring.

Key practical outcomes people seek under these laws include stopping enforcement actions, restructuring debts through preventive agreements, liquidating assets to satisfy creditors and resolving consumer or tax claims. Processes vary depending on whether the debtor is an individual, a small business or a larger commercial company, and whether debts arise from commercial activity, consumer credit or taxes.

Why You May Need a Lawyer

Bankruptcy and debt matters affect important rights - housing, bank accounts, wages, business continuity and credit reputation. A specialized lawyer helps you by:

- Assessing whether you qualify for a preventive restructuring proceeding or if the situation is likely to lead to judicial liquidation.

- Preparing and filing procedural documents within strict legal terms and representing you before national and provincial courts.

- Negotiating out-of-court agreements with banks, suppliers and tax authorities.

- Advising on how enforcement works, including what can and cannot be seized - for example, some social benefits and portions of wages have protected status.

- Protecting directors or business owners from personal liability where possible and explaining fiduciary duties and possible sanctions.

- Evaluating alternatives such as mediation, consumer protection complaints, voluntary assignments or partial payment plans.

Local Laws Overview

The most relevant legal features to know in Córdoba are:

- National insolvency framework - The Ley de Concursos y Quiebras provides the main procedures for preventive agreements and judicial liquidation. It applies nationwide and governs creditor claims, stays on enforcement, composition plans and trustee roles. The law has been amended several times, and practice is shaped by judicial interpretation.

- Two main procedures - Preventive composition proceedings allow debtors to negotiate a payment plan approved by creditors and the court with the goal of continuing operations. Judicial liquidation or bankruptcy typically involves asset sale to satisfy creditors when reorganization is not viable.

- Court jurisdictions - Insolvency matters are handled in commercial courts. In Córdoba city and the province, both national commercial courts and provincial civil and commercial courts may be relevant depending on the party and claim.

- Creditor hierarchy - Secured creditors, labor claims and tax claims generally have priority rules that affect how recoveries are distributed. Secured creditors may enforce collateral outside the insolvency procedure in some cases, subject to court rules.

- Stays and enforcement - Filing a preventive proceeding normally triggers a temporary stay on most enforcement actions, giving the debtor time to negotiate. The scope and duration of the stay depend on the procedure and court orders.

- Consumer debt and protection - Consumer rights and provincial defense agencies address abusive clauses, unfair collection practices and improper interest or fees. Consumer procedures can be quicker and less formal than insolvency proceedings.

- Tax and social security debt - Debts to AFIP and social security agencies have specific enforcement tools and in many cases high priority among creditors. Negotiation with tax authorities often follows different rules and negotiable repayment plans.

Frequently Asked Questions

What is the difference between a preventive composition and bankruptcy?

A preventive composition is an insolvency procedure aimed at reorganizing debts so the debtor can continue operating - it requires a creditor vote and court approval of a restructuring plan. Bankruptcy or judicial liquidation focuses on selling assets to satisfy creditors when reorganization is not feasible. Preventive composition seeks continuation, bankruptcy seeks orderly liquidation.

Can I file for insolvency as an individual in Córdoba?

Yes. Individuals who cannot meet their debts may access insolvency procedures. The specific path and practical consequences differ from corporate insolvency - for example, some wages and social benefits have protection from seizure. A lawyer can advise on eligibility and likely outcomes.

Will filing stop wage garnishments and bank seizures?

Filing a preventive proceeding typically produces a court-ordered stay that suspends most enforcement actions, including garnishments and seizures, while the procedure is active. However, the stay is subject to exceptions and must be properly requested and justified in court. Local practice determines timing and scope.

What debts are included in an insolvency proceeding?

Most unsecured and secured debts related to the debtor at the time of filing are included as claims in an insolvency proceeding. Priority claims such as wages, labor indemnities and certain tax liabilities may receive special treatment. Some obligations outside the debtor estate can be excluded depending on the case.

How long does a preventive composition or bankruptcy usually take?

Timelines vary widely. Preventive compositions can take months to more than a year depending on negotiation complexity and creditor approval. Judicial liquidations also vary - asset inventories, sales and creditor distributions can take many months or years. Local court workload affects timing.

Do company directors risk personal liability when a business becomes insolvent?

Directors can face personal liability if they act improperly - for example, by continuing risky operations knowing the company is insolvent, diverting assets, or committing fraud. Advice from a lawyer can help directors take compliant steps and document decisions to reduce personal exposure.

Can I negotiate with creditors outside of court?

Yes. Out-of-court negotiations, voluntary agreements and mediated settlements are common and can be faster and less costly than formal insolvency. However, out-of-court deals may not bind all creditors and could leave you exposed to enforcement by holdouts unless formalized in a judicial procedure.

What documentation will a lawyer ask me to provide?

Typical documents include bank statements, loan contracts, credit card statements, supplier invoices, tax notices, payroll records, property deeds, corporate records and any correspondence with creditors. Accurate accounting of assets and liabilities is essential to assess options and prepare filings.

Are there debt relief options specifically for consumer borrowers?

Consumer protections and local consumer defense offices help address abusive clauses, excessive interest or unlawful collection practices. Mediation and consumer claims can be effective for certain disputes. For overwhelming personal debt, insolvency procedures or negotiated payment plans are other routes.

How much does it cost to hire a bankruptcy lawyer in Córdoba?

Costs depend on complexity, the lawyer or firm, and whether the matter is handled as a negotiation, preventive proceeding or judicial liquidation. Fees may include fixed retainers, hourly rates and court-related expenses. Public legal aid or legal clinics may assist those who cannot pay. Ask for a clear fee agreement and estimate before engagement.

Additional Resources

When seeking help in Córdoba consider these local resources and institutions:

- Colegio de Abogados de la Provincia de Córdoba - for referrals, professional standards and information about specialized lawyers.

- Juzgados Nacionales en lo Comercial and Juzgados Civiles y Comerciales de la Provincia de Córdoba - the courts that administer insolvency and civil claims.

- Provincial Office of Consumer Protection - for complaints about abusive collection methods and consumer contracts.

- Tax authorities - for information about negotiating tax liabilities and payment plans with the national tax agency or provincial tax offices.

- Public legal aid offices and university legal clinics - many offer free or low-cost legal assistance for qualifying individuals.

- Private mediators and debt counselors - useful for out-of-court negotiations and structured repayment plans.

Next Steps

If you suspect you have insolvency or serious debt issues, follow these steps:

1. Gather your documents - collect recent bank statements, loan and credit contracts, invoices, tax notices and proof of income. Accurate information speeds up evaluation.

2. Get an initial consultation - contact a lawyer who specializes in insolvency or debt restructuring. Ask about fees, typical timelines and likely outcomes based on your situation.

3. Consider immediate protective measures - if enforcement is imminent, inform your lawyer right away so they can assess emergency filings or requests for stays with the relevant court.

4. Explore alternatives - discuss out-of-court negotiations, mediation, consumer complaints or formal insolvency depending on the risks and costs.

5. Use local resources - contact legal aid, the local bar association, consumer protection offices or university clinics if you need low-cost help.

6. Act promptly - insolvency and enforcement processes have strict deadlines and delaying action can reduce your options. Early legal advice improves chances of a workable solution.

Remember that this guide is informational and does not replace personalized legal advice. A licensed lawyer in Córdoba can evaluate your specific facts, explain applicable rules and represent your interests before courts and creditors.