Melhores Advogados de Falência em Lisboa

1. About Falência Law in Lisboa, Portugal

In Lisbon, Falência, or insolvency law, operates under Portugal’s Código da Insolvência e da Recuperação de Empresas (CIRE). This framework governs procedures for both corporate insolvency and personal insolvency, including creditor arrangements, recovery plans, and liquidation when necessary. Lisbon's courts handle these matters through the local Commercial Court (Tribunal de Comércio) and related insolvency proceedings.

The aim of the regime is to maximize value for creditors while providing avenues for business continuity through recovery plans where feasible. Insolvency filings in Lisbon typically involve court oversight, appointment of a trustee or administrator, and a formal process to assess assets, liabilities, and creditor claims. Practical steps, timelines, and filing requirements vary by case complexity and whether a preventive restructuring option is pursued.

Recent reforms in European and national law emphasize early engagement, transparency, and cross-border cooperation where applicable. The Portuguese regime aligns with EU standards to facilitate creditor coordination, asset protection, and orderly liquidation when recovery is not possible.

Regulation (EU) 2015/848 coordinates cross-border insolvency proceedings and cooperation between courts and insolvency practitioners across member states.

The CIRE provides the framework for concurso de credores, planos de recuperação de empresas, and liquidations in Portugal.

2. Why You May Need a Lawyer

Here are concrete, real-world scenarios in Lisbon where you would benefit from legal counsel specializing in Falência and insolvency matters.

• A Lisbon startup records mounting debts and a potential inability to meet payroll obligations, raising the risk of a formal concurso de credores. A lawyer can advise on preventative measures, creditor negotiations, and protecting key assets.
• A small manufacturing company in the Área Metropolitana de Lisboa receives multiple creditor formal notices and begins a restructuring process. An insolvency attorney helps structure a PRE or PREM and coordinates with creditors and the court.
• Your Lisbon business is facing an unpaid tax or social security assessment that may trigger insolvency proceedings. A solicitor can assess eligibility for a restructuring plan and negotiate with the Tax Authority within the CIRE framework.
• You are a creditor in Lisbon seeking to contest an insolvency filing or to file a claim accurately. A lawyer ensures proper filing deadlines, proof of claim, and ranking of credits.
• As a director or shareholder in a Lisbon company, you need to understand duties and potential liabilities during a crisis, including how to appoint an administrator and protect stakeholder interests.
• You want to pursue a liquidating process with maximum return for creditors while minimizing delays. A qualified attorney can manage asset realization, bidding procedures, and distribution schemes under court supervision.

3. Local Laws Overview

This section highlights two key legal references that govern Falência in Lisboa, with notes on their application and relevance.

• Código da Insolvência e da Recuperação de Empresas (CIRE) - Decreto-Lei n.º 53/2004, de 18 de Março. This is the foundational statute for insolvency procedures in Portugal, including concurso de credores, planos de recuperação, and liquidation. Versiones consolidadas podem ser consultadas no Diário da República Eletrónico.
• Regulamento (UE) 2015/848 on Insolvency Proceedings - This European Regulation coordinates cross-border insolvency cases and aims to streamline cooperation among courts and practitioners across member states, including Portugal. It provides a framework for recognizing and enforcing judgments and assets when a debtor has obligations in more than one country.

Practical notes for Lisbon residents:

• Lisbon courts route insolvency cases through the local Commercial Court and related offices; ensure your legal counsel coordinates with the court’s registrar and trustee as required.
• The CIRE process includes formal creditor claims and potential interim measures to preserve estate value; following deadlines is critical to avoid loss of rights.

4. Frequently Asked Questions

What is the basic purpose of Falência under Portuguese law?

In Portugal, bankruptcy aims to resolve insolvency and maximize creditor value while offering recovery routes for viable businesses. The process is overseen by a court and typically involves creditors, a trustee, and a plan for recovery or liquidation.

How do I start a concurso de credores in Lisbon?

File a petition with the competent Lisbon court and provide complete details on assets, liabilities, and creditors. A court-appointed administrator will manage the process, including asset realization and claims administration.

When is a Plano de Recuperação de Empresas used in Lisbon?

A PRE is used when a viable business seeks to restructure debt and continue operations. It requires creditor approval, a detailed plan, and court endorsement.

Where can I find the official text of the CIRE in Portugal?

The consolidated CIRE text is accessible via the Diário da República Eletrónico at https://dre.pt, which publishes laws and amendments.

How long does insolvency processing typically take in Lisbon?

Timelines vary by case complexity. Simple creditor claims may be resolved in a few months, while complex restructurings can extend beyond a year.

Do I need a lawyer to file for insolvency in Lisbon?

While not always mandatory, having a lawyer improves accuracy in filing, creditor coordination, and compliance with court deadlines and procedural steps.

Can negotiations with creditors occur outside court in Lisbon?

Pre-insolvency negotiations are common to reach agreements before court involvement; however, formal proceedings require court oversight once filed.

Should I consider a preventive restructuring before insolvency in Lisbon?

Yes. Preventive options can reduce asset losses and preserve business continuity when early warning signs appear in Lisbon or the broader Lisbon District.

Is there a difference between bankruptcy as an individual and as a company in Portugal?

Yes. Individuals may face personal insolvency procedures, while companies undergo corporate insolvency with possible recovery plans or liquidation depending on assets and liabilities.

How much does a Falência attorney typically cost in Lisbon?

Costs vary by case complexity and attorney experience. Expect hourly rates plus possible flat fees for specific stages like filing or negotiations.

What is the role of a trustee in Lisbon insolvency proceedings?

The trustee administers assets, verifies creditors, distributes proceeds, and ensures compliance with the court's decisions and statutory requirements.

Can I appeal a court decision in an insolvency case in Lisbon?

Yes. Appeals are available under the Portuguese civil procedure framework, typically to higher courts within established deadlines.

What is the difference between a conventional liquidation and a liquidation with a recovery plan?

A conventional liquidation ends with asset realization and creditor distribution, while a recovery plan seeks to restructure the company to continue operations and repay creditors over time.

5. Additional Resources

• Diário da República Eletrónico (DRE) - Official publication for Portuguese laws, including the CIRE and amendments. Use for up-to-date text and dates. https://dre.pt
• Direção-Geral da Justiça (DGJ) / Direção-Geral da Política de Justiça - Official portal with guidance on insolvency processes, court procedures, and practitioner references. https://www.justica.gov.pt
• Regulation (EU) 2015/848 on Insolvency Proceedings - EU framework for cross-border insolvency, applicable to Portugal. https://eur-lex.europa.eu/eli/reg/2015/848/oj

6. Next Steps

1. Identify the nature of the financial distress in Lisbon and determine if a preventive restructuring is feasible.
2. Consult with a Falência lawyer experienced in Lisbon to assess eligibility for PRE, concurso de credores, or liquidation options.
3. Gather essential documents: financial statements, creditor notices, contracts, asset lists, and payroll records.
4. Obtain a formal assessment of assets and liabilities from a qualified lawyer and, if needed, appoint a court-ordered administrator or trustee.
5. Discuss timelines, costs, and expected outcomes with your attorney, including potential creditor negotiations and court deadlines.
6. Submit the insolvency filing through the appropriate Lisbon court with professional oversight to ensure compliance.
7. Monitor progress with your legal counsel and respond promptly to court requests, creditor objections, or plan proposals.