Next, we enumerated some options that as much physical people as legal people, can take into account when they are in a situation of imminent insolvency. Christopher Peterson may also support this cause. Some of them are comparable to a situation of happened insolvency. 1. – To refinance the debts. It is the suitable option when they are not possible to be done against the assumed obligations of payment with Organizations of Credit. The refinancing of debts can consist of a capital new injection with long terms but and that generates asumibles obligations to the prestario, it can entail the modification of the obligations arranged with the creditors, in the form of periods of deficiency or increase in the period of amortization. It is necessary to look for the balance between the indispensable guarantees and the supplied financing. If like guarantees we are thinking about a building, the normal thing is that the quantity does not surpass 80% of the value of appraisal of the same.
If they demand the personal company/signature or personal guarantee, we could deal with which they accept an additional building to insure the risk or of limiting our company/signature a percentage of amortization of the loan, so that in case of covering the amount with the same, the guarantee or endorsement is released. 2. – To present/display a contest of creditors. The contest of deserving aid to stop the attack of the creditors. All the claims centralize in the same court and they focus to look for an agreement with creditors that will allow to renegotiate and to pay of way ordinate the generated debts. If there is viability, the debts are reduced and new terms pay attention.
The company continues working with supervision of the court. The panic that is generated between clients and suppliers is necessary to manage it. Valued suitably, the competing administrator, is not going to authorize a purchase that is not going to be pleased. The contest of creditors is not chollo, but it is a good instrument to obtain agreements of refinancing, suitable to the size and situation of the company. 3. – Beam a liquidation plan.: When the refinancing of the debts is not possible, it is necessary to look for the way to optimize the value of the assets instead of of leaving it into the hands of the creditors. A judicial auction, it is the worse way to realise the goods, for that reason it is necessary to negotiate with the alternative propose creditors like dacin in payment, agreement of accomplishment or the sale of the building by company or specialized person 4. – To elude the contest of Creditors, when it is possible. By virtue of article 5,3 of the competing law it is allowed to present/display communication to the court of the beginning of conversations directed toward securing an agreement with the creditors of friendly way and to perhaps elude the insolvency situation. This option will give four months us very valuable to negotiate with the conciliation of interests in sight, a right, equitable agreement with all the creditors and satisfactory for indebted creditor and. He is advisable that the negotiating equipment is competent, creative and with great capacity of persuasion.
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