Best Bankruptcy Lawyers in Braga

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RC Advogados

RC Advogados

Braga, Portugal

Founded in 2000
50 people in their team
RC – Advogados has as its primary objective the guarantee of the rights of its clients, complying with legal and ethical principles, working in...
Portuguese
English
Cerqueira Alves & Associados

Cerqueira Alves & Associados

Braga, Portugal

Founded in 2011
50 people in their team
About usEstablished in 2011, Cerqueira Alves & Associados strives to integrate different areas of Law into the solutions we propose. Our focus is...
Portuguese
English

About Bankruptcy Law in Braga, Portugal

In Braga, Portugal, as in the rest of the country, bankruptcy law is oriented towards giving companies in financial distress a chance to restructure and regain financial stability. When a company cannot pay its debts, it can declare bankruptcy, leading to the liquidation of assets to pay off creditors. There is also a provision in Portuguese law for personal bankruptcy where individuals facing excessive debt can have their debts discharged after asset liquidation. Understanding the legal intricacies of the bankruptcy procedure in Braga requires specialist advice.

Why You May Need a Lawyer

Bankruptcy can be a complex process, and it is advisable to have a knowledgeable individual guide you through it. A lawyer specializing in bankruptcy law can help you understand the different types of bankruptcy, the process of filing for bankruptcy, and the impact it could have on your business or personal life. Additionally, a lawyer can help with debt restructuring or refinancing. If you are a creditor, a lawyer can help you recover your money in bankruptcy proceedings.

Local Laws Overview

The legal basis for bankruptcy law in Portugal is the Insolvency and Corporate Recovery Code (CIRE). This law establishes the framework for insolvency, bankruptcy proceedings, and recovery of companies in financial distress. There are specific rules and deadlines for filing for bankruptcy, for the order of debt repayment, and for the role of the insolvency administrator. Debtors in Portugal have several options, including the Special Revitalization Process (PER) and the Extrajudicial Company Recovery Scheme (RERE). Familiarity with these laws and procedures is crucial when dealing with bankruptcy situations in Braga, Portugal.

Frequently Asked Questions

Can personal debts be eliminated in bankruptcy?

Yes, personal debts can be discharged after bankruptcy proceedings. However, some debts, such as alimony, child support, and certain tax debts, cannot be discharged.

How does business bankruptcy affect personal assets?

Whether or not personal assets might be affected depends on the business' legal structure. Sole proprietors may see their personal assets affected, but owners of corporations or limited liability companies generally have more protection.

What is the role of the insolvency administrator?

The insolvency administrator plays a key role in bankruptcy proceedings, managing the debtor's affairs, liquidating assets, and distributing the proceeds among creditors.

What is the Special Revitalization Process?

The Special Revitalization Process (PER) is a procedure to help companies in financial distress negotiate with their creditors and avoid bankruptcy.

Can creditors recover their money in bankruptcy proceedings?

Yes, creditors have a particular order of priority for repayment in bankruptcy proceedings. However, the full amount may not be recoverable depending on the debtor's assets.

Additional Resources

For further assistance, the Portuguese Ministry of Justice website provides comprehensive information about insolvency and bankruptcy procedures. Specialist legal advice can be sought at the Bar Association of Portugal. You may also refer to the Official Gazette (Diário da República) for legal updates.

Next Steps

If you need legal assistance in bankruptcy matters in Braga, Portugal, firstly, gather all relevant financial information and documents. Then, seek professional advice. Ensure you choose an experienced lawyer who specializes in bankruptcy. Make sure to discuss your options, rights and obligations fully with your chosen legal representative to ensure the best possible outcome for your situation.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.