Best Restructuring & Insolvency Lawyers in Lanus

1. About Restructuring & Insolvency Law in Lanus, Argentina

Restructuring and insolvency matters in Lanus, Argentina follow national rules that govern how distressed businesses reorganize debts and continue operating. The framework aims to balance debtor viability with creditor rights, to preserve jobs and economic activity in the Lanus community. In practice, cases are handled in commercial courts at the provincial or federal level, depending on the matter and the entity involved.

Key mechanisms include the concurso preventivo (protective reorganization for insolvent debtors) and various forms of creditor negotiations, such as acuerdos preventivos extrajudiciales when applicable. These processes emphasize transparency, court supervision, and timely communication with creditors. Local practitioners in Lanus frequently assist SMEs and family businesses navigating these options to avoid outright liquidation.

For residents of Lanus, understanding the basic pathway of a restructuring matter is essential. A lawyer can help determine the right procedural track, prepare required financial documentation, and negotiate with creditors to maximize the chance of business continuity. The approach generally hinges on the debtor’s financial situation, the nature of its debts, and the potential value of ongoing operations in Lanus and the surrounding Buenos Aires Province area.

Sources provide the official legal context for these processes in Argentina, including the text of applicable laws and updates. See the official legislation portal for current texts and amendments. For authoritative overviews, consult: - Infoleg - Official Legislation Portal - Boletín Oficial - Official Gazette - Inspección General de Justicia (IGJ) - Corporate Regulation

In summary, Lanus residents typically engage in restructuring and insolvency matters under national law with local court involvement, guided by experienced legal counsel to navigate available options and preserve business viability where possible. This guide provides a practical roadmap for those seeking legal guidance in Lanus.

2. Why You May Need a Lawyer

• Scenario 1: A Lanus retail shop faces supplier defaults and cash flow gaps. A local lawyer can assess whether a concurso preventivo is appropriate to halt collection actions while a plan is negotiated. This helps maintain operations while restructuring obligations are addressed with creditors.
• Scenario 2: A Lanus construction company owes multiple subcontractors and banks. An insolvency attorney can structure a feasible repayment plan and communicate with all creditors to avoid liquidation. Proper representation minimizes disruption to ongoing contracts and helps preserve jobs in the area.
• Scenario 3: A Lanus manufacturing SME contemplates debt refinancing after a market downturn. A lawyer can explore an Acuerdo Preventivo Extrajudicial or similar settlement options to restructure debt without a full court proceeding. This often reduces disruption and preserves supplier relationships.
• Scenario 4: A family-owned business faces a looming liquidation risk due to delayed payments. An attorney can organize financial disclosures, prepare a restructuring proposal, and negotiate with banks and suppliers for extended terms or debt forgiveness where feasible.
• Scenario 5: A Lanus company discovers hidden liabilities during due diligence for a sale. A restructuring lawyer helps assess liability exposure, coordinate with auditors, and advise on how to structure an orderly exit or reorganization plan with minimal creditor disruption.
• Scenario 6: A local cooperative or small enterprise needs interim protection while renegotiating leases and payroll obligations. Legal counsel can obtain protective orders, coordinate with landlords and public authorities, and align the restructuring with workforce protections.

Engaging a Lanus-based attorney who specializes in restructuring and insolvency increases the likelihood of a favorable outcome. A local lawyer will understand regional business practices, court expectations, and creditor dynamics in Lanus and the Buenos Aires Province.

3. Local Laws Overview

Restructuring and insolvency in Lanus are anchored in national law, with key statutes that guide proceedings across Argentina. The following laws and regulations are central references for practitioners and clients in Lanus:

Ley de Concursos y Quiebras Nº 24.522 - This is the foundational statute governing bankruptcy, restructurings, liquidations, and related procedures in Argentina. It sets out the debtor's duties, creditor rights, and court processes for reorganizing or liquidating a business. The text and updates are available through official channels for the most current provisions. (Source: Infoleg - Official Legislation Portal)

Código Civil y Comercial de la Nación (CCCN) - Ley Nº 26.406 - Enacted to modernize private law, including rules that intersect with insolvency, contracts, and commercial relationships. The CCCN has shaped contemporary approaches to business reorganizations and debtor-creditor interactions since its entrance into force in 2015. (Source: Infoleg - Official Legislation Portal)

Locally, Lanus residents operate under these national frameworks, with procedural details carried out in provincial or federal commercial courts as applicable. For the most up-to-date texts, consult:

• Infoleg - Leyes y Normativas
• Boletín Oficial - Publicación de Normas
• IGJ - Regulación de Personas Jurídicas y Concursos

Notas sobre cambios recientes y tendencias - Argentina ha habido debates y reformas enfocadas en mejorar la eficiencia de los procesos de reestructuración y su impacto laboral, especialmente para pequeñas y medianas empresas afectadas por shocks económicos. La tendencia actual prioriza la continuidad de la empresa y la protección de empleos, siempre con supervisión judicial. Para entender las modificaciones precisas, ver las secciones de reformas en Infoleg y las resoluciones publicadas en el Boletín Oficial.

La jurisdicción de la reforma del CCCN y las normas de concursos ha buscado mejorar la flexibilidad de acuerdos preventivos y la preservación de empleo en escenarios de crisis empresarial.

4. Frequently Asked Questions

What is the difference between concurso preventivo and quiebra in Argentina?

A concurso preventivo seeks to reorganize a debtor to continue operations, while quiebra aims at liquidation when recovery is not viable. The court supervises both, but the former focuses on recovery of business value.

How long does a typical concurso preventivo take in Lanus?

Timelines vary by case, but a straightforward filing with a recovery plan can span 6 to 12 months, with creditor meetings and court decisions extending the process. Complex restructurings may take longer.

What documents are usually required to start a restructuring case in Lanus?

Financial statements, tax returns, debt schedules, asset inventories, and a proposed restructuring plan are commonly requested. A local attorney will tailor the dossier to your business and sector.

Do I need a Lanus-based lawyer to file in Buenos Aires Province?

While not mandatory, a local lawyer improves access to provincial courts and creditor networks. They understand Lanus-specific procedures and can coordinate with provincial authorities efficiently.

What is an Acuerdo Preventivo Extrajudicial and when is it used?

An Acuerdo Preventivo Extrajudicial (APE) is a private negotiation with creditors to reach a debt restructuring outside court. It is used when parties prefer a quicker, consensual path and when supported by a majority of creditors.

How much does it cost to hire a restructuring and insolvency lawyer in Lanus?

Costs vary by complexity and firm. Typical engagements include retainer fees, hourly rates, and success-linked components. A preliminary consultation can help you estimate total costs.

What is a typical timeline for a creditor repayment plan in Lanus?

Once approved, plan implementation depends on debt size and cash flow, but initial phases usually occur within 3 to 6 months, followed by ongoing monitoring for up to several years.

Can small businesses access government programs during restructuring in Argentina?

Yes, some programs support SMEs in restructuring or accessing credit. A lawyer can identify applicable programs and help you apply within regulatory timelines.

What is the role of the court in a Lanus restructuring process?

The court oversees filing, creditors' meetings, and the approval of restructuring plans or liquidation. A judge ensures due process and compliance with statutory requirements.

Is there a fast-track option for simple debt restructurings in Lanus?

Some simplified procedures exist for certain small or straightforward cases, but eligibility depends on debt composition and creditor consent. A lawyer can assess if these options apply.

What are common mistakes to avoid during a restructuring in Lanus?

Delaying documentation, failing to disclose all liabilities, and negotiating informally without creditor consensus can jeopardize outcomes. Proper legal guidance reduces these risks.

5. Additional Resources

• Infoleg - Official Legislation Portal - Provides the current text of Ley 24.522 and the CCCN, with updates and amendments. Infoleg
• Boletín Oficial - Official Gazette - Publishes the enactment and changes to laws, including insolvency related regulations. Boletín Oficial
• Inspección General de Justicia (IGJ) - Regulates corporations, registrations, and certain restructuring procedures at the national level and in related jurisdictions. IGJ

Additional practical resources for Lanus residents include local chambers and professional bodies that cover insolvency matters and business continuity. For example, consult the regional professional associations for accountants and lawyers who specialize in restructuring and insolvency in the Buenos Aires Province area.

6. Next Steps

1. Step 1 - Clarify your objective - Decide whether you aim to preserve the business, renegotiate debts, or liquidate. This informs the right legal path in Lanus.
2. Step 2 - Gather core financial documents - Prepare recent balance sheets, debt schedules, tax returns, cash flow statements, and a draft restructuring plan. Accurate data aides efficient processing.
3. Step 3 - Consult a Lanus-based restructuring and insolvency attorney - Seek a lawyer with local court experience and creditor networks. A preliminary consultation helps set expectations.
4. Step 4 - Assess options with your attorney - Compare concurso preventivo, Acuerdo Preventivo Extrajudicial, and other available tracks. Consider impact on employees and suppliers in Lanus.
5. Step 5 - Prepare the filing package - With your lawyer, assemble the formal petition, debt schedule, and proposed plan. Ensure compliance with court requirements.
6. Step 6 - File the case and request protection if needed - File with the appropriate commercial court and seek interim protections to prevent creditor actions while the case proceeds.
7. Step 7 - Engage with creditors and execute the plan - Facilitate creditor meetings, obtain necessary votes or acceptances, and implement the restructuring or liquidation strategy as approved.