Best Bankruptcy Lawyers in Mar del Plata

About Bankruptcy Law in Mar del Plata, Argentina

Bankruptcy law in Argentina is a federal matter that applies throughout Mar del Plata, including in the General Pueyrredón Partido. The key framework is the Ley de Concursos y Quiebras, or the Concurso y Quiebras regime, which governs how individuals and businesses reorganize debts or liquidate assets. Since 2015 the Civil and Commercial Code of the Nation has integrated insolvency rules into modern private law, affecting procedures nationwide. Local filings are handled within the Province of Buenos Aires court system, with judges in the commercial courts guiding the process.

Why You May Need a Lawyer

• You are a small business owner in Mar del Plata facing seasonal debt where a supplier has begun collection efforts after the summer rush. An abogado can evaluate whether a concurso preventivo is appropriate and help prepare a restructuring plan that keeps the business operating. Quick, informed action may reduce enforcement risks while you negotiate with creditors.
• You want to protect your home or key assets while you reorganize obligations. A lawyer can help you seek the right balance between debt relief and asset protection under the Concurso or Quiebras regime, aiming to preserve essential assets for ongoing operations or family needs.
• Your company runs a tourism-related service in peak season and you need a plan to continue operations while restructuring debts to suppliers and banks. A local abogado can coordinate with creditors and the court to implement a viable reorganization plan.
• You are a creditor seeking recovery of money owed by a Mar del Plata business or individual. A lawyer can file claims in the Concurso, monitor compliance with plans, and pursue liquidation if required under the law.
• You suspect mismanagement or fraud contributed to insolvency and want to understand remedies and protections for creditors and debtors. An attorney can investigate and advise on proper escalation within the legal framework.
• You are an individual with overwhelming debt and limited income and need guidance on eligibility for a consumer insolvency process or structured debt relief. A local abogado can assess options and map a realistic timeline.

Local Laws Overview

The primary statute governing bankruptcy in Argentina is the Ley de Concursos y Quiebras, Law 24.522, which establishes the procedures for reorganizing debt or liquidating assets. This law remains the backbone for both individuals and businesses in Mar del Plata and across the country. It has been supplemented and harmonized over the years through reforms and the adoption of the Civil and Commercial Code provisions.

The Código Civil y Comercial de la Nación (Law 26994) came into effect in 2015 and provides the current framework for insolvency within private law, including concepts like concurso preventivo and quiebra within a modern contract and property regime. Practitioners in Mar del Plata rely on these provisions when advising clients on restructuring plans.

In addition, the Código Procesal Civil y Comercial de la Provincia de Buenos Aires governs procedural aspects for bankruptcy matters within the province, including filing practices, court timelines, and appeals in Mar del Plata. Local practice often requires familiarity with provincial procedural rules alongside national statutes.

For authoritative text and updates on these laws, consult official sources such as InfoLeg and the national judiciary sites.

La Ley de Concursos y Quiebras establece el marco de reorganización y liquidación de deudas en Argentina.

Frequently Asked Questions

What is a concurso preventivo and how does it work locally?

A concurso preventivo is a court-supervised restructuring plan designed to avoid liquidation. A debtor proposes a plan to creditors and the court approves it, allowing continued business operations. In Mar del Plata, the process follows national law with local court oversight.

How do I start a bankruptcy case in Mar del Plata?

Start by consulting a local abogado to assess solvency and gather financial documents. The lawyer files the petition with the appropriate commercial court in Mar del Plata and notifies creditors. The process begins with a court-sanctioned stay on creditor actions.

What documents are typically required to file?

Prepare tax returns, balance sheets, a list of assets and debts, contracts with suppliers, and a plan for debt restructuring. Your attorney helps assemble and present these in the filing package to the court.

Do I need a Mar del Plata lawyer specifically?

Local familiarity matters because procedures are court specific and timelines can vary by district. A Mar del Plata abogado will know the local judges, clerks, and procedural expectations.

How long does the bankruptcy process take in this region?

Timeline varies with complexity and creditor cooperation. In general, procedural steps from filing to plan approval can span several months to a year or more in Argentina, depending on case specifics.

What are the costs involved in a bankruptcy case?

Costs include attorney fees, court charges, and administrative costs. Fees vary by firm and case complexity. Discuss a transparent fee arrangement with your lawyer at the initial consultation.

Can I keep operating my business during restructuring?

Yes, many concursos allow ongoing operations under court-approved terms. The plan may require creditor concessions and strict financial controls to continue activities in Mar del Plata.

Should I consider exiting the business or liquidating assets?

Liquidation is an option if restructuring is impractical. A lawyer helps analyze asset values, creditor claims, and the best strategy for maximizing value under local rules.

Do I qualify if I am an individual rather than a business owner?

Individuals with significant debt and limited ability to pay may explore personal insolvency avenues under national law. A local abogado can evaluate eligibility and potential protections.

Is it possible to recover assets after a dismissal or liquidation?

Asset recovery depends on rehabilitation plans and court orders. Some assets may be retained or redeployed under the approved restructuring, while others are liquidated to satisfy creditors.

What is the difference between concurso preventivo and quiebra?

Concurso preventivo focuses on debt restructuring and continuity of business. Quiebra results in liquidation of assets and settlement of debts under court supervision.

Will the process affect my credit or personal finances long term?

Bankruptcy proceedings impact credit standing and financial options for years. The specific effects depend on the structure of the plan and any post-bankruptcy obligations you may have.

Additional Resources

• InfoLeg - Official portal with the text of laws including Ley de Concursos y Quiebras and updates. infoleg.gob.ar
• Poder Judicial de la Nación - Central information on bankruptcies, court procedures, and judicial contacts. pjn.gov.ar
• Argentina.gob.ar - Justicia - Government site that provides general guidance on insolvency rights and consumer protections. argentina.gob.ar/jus

Next Steps

1. Assess insolvency options with a local abogado in Mar del Plata who specializes in concursos y quiebras. Schedule an initial consultation to review your debts and assets within 1-2 weeks.
2. Gather essential financial documents including debts, contracts, tax returns, asset lists, and creditor contacts. Complete this preparation within 1-2 weeks after your initial consult.
3. Identify the right procedure for your case whether a concurso preventivo, quiebra, or alternative relief is most suitable. Your lawyer will clarify within 1 week after documents are reviewed.
4. File the petition with the local commercial court in Mar del Plata through your abogado. Expect a formal filing within 1-3 weeks, depending on readiness and court schedules.
5. Negotiate with creditors and obtain court approval for a restructuring plan or liquidation framework. This typically unfolds over 1-6 months depending on creditor cooperation and court docket.
6. Implement the approved plan and monitor compliance with ongoing reporting to the court. Plan execution can extend from several months to a few years, depending on complexity.
7. Review outcomes and plan for post-closure obligations with your lawyer to ensure compliance and address residual issues. Schedule a follow-up within 6-12 months after plan completion.