เจ้าหนี้สามารถบังคับให้เข้าสู่กระบวนการล้มละลายในอาร์เจนตินาได้หรือไม่ หากธุรกิจของฉันค้างชำระเป็นเวลา 3 เดือน

Running a small shop in Buenos Aires with several invoices overdue by about 90 days puts you in a situación de insolvencia under Argentine law. Once a creditor files a lawsuit and obtains a judicial order, the court can declare the business “concursado” (bankrupt) and appoint a trustee to manage the assets. Because a creditor is already threatening court action, the risk of a formal insolvency proceeding is moderate‑to‑high unless you act quickly to negotiate a repayment plan or pursue a structured restructuring.

Your most effective short‑term move is to negotiate directly with the aggressive creditor — offer a partial payment, a temporary discount, or a realistic installment schedule and get the agreement in writing. At the same time, prepare a cash‑flow forecast and gather all invoices, contracts, and correspondence so you can present a clear picture of your financial position. If you can obtain the support of at least 75% of the total claim value (and a majority of creditors) you may file an Acuerdo Preventivo (preventive agreement) under Ley 24.467, which binds all creditors to the agreed repayment plan and halts individual lawsuits.

Should informal negotiations or a preventive agreement prove impossible, consider refinancing or a short‑term loan from a bank or fintech to cover the most urgent invoices, or explore a sale/lease‑back of non‑essential assets for immediate cash. As a last resort, a voluntary Concurso de Acreedores (court‑supervised reorganization) provides a stay of execution and a formal roadmap to emerge from insolvency, though it is more costly and public.

Given the legal complexities and tight deadlines, it is strongly advisable to consult a local commercial‑insolvency attorney right away. A lawyer can draft the preventive‑agreement petition, liaise with a trustee if needed, and ensure you meet procedural requirements, helping you protect the business from a formal bankruptcy declaration while preserving as much value as possible.

Sincerely,

Ascendence International Consulting