Insolvency is a delicate financial situation that can affect both individuals and companies. In Portugal, the legislation provides for a specific process to deal with these situations, known as the “Insolvency Process”. In this article, we’ll explore in detail what insolvency is, how it can occur for both people and companies and the legal procedure involved in the insolvency process in Portugal.
What is Insolvency?
Insolvency is characterized by the inability of a person or entity to meet its financial obligations, i.e. pay its debts. When this situation of financial imbalance becomes unsustainable, insolvency proceedings can be applied to reorganise or liquidate the debtor’s assets, seeking a fair solution for all parties involved.
Personal Insolvency: When Individuals Face Financial Difficulties
Personal insolvency is a situation in which an individual finds themselves unable to fulfill their financial obligations. These difficulties can arise for various reasons, such as unemployment, health problems, divorce, or excessive debt. When personal insolvency is declared, the process seeks to analyze the debtor’s financial situation and find the best way to resolve the issue.
Company Insolvency: Dealing with Corporate Financial Difficulties
Insolvency can also affect companies and businesses. When a company is unable to fulfill its financial obligations, it can be subject to insolvency proceedings. In this case, the aim is to analyze the company’s viability and, if possible, find a way of restructuring that will allow it to continue. If continuity is unfeasible, the company goes into liquidation, in which its assets are sold to pay off creditors.
The Insolvency Process in Portugal: Stages and Procedures
The insolvency process in Portugal follows a set of stages and procedures to ensure fairness and transparency for creditors and the debtor. We will highlight the main stages of this process:
1. Insolvency petition: The process begins with the insolvency petition, which can be filed by the debtor himself, by creditors or by other interested parties.
2. Analysis of the Financial Situation: The court appoints a judicial administrator to analyse the debtor’s financial situation, assess their assets and rights, as well as their debts and obligations.
3. Recovery or Liquidation Plan: If feasible, a recovery plan is drawn up to try to save the company or restructure the personal debtor’s finances. If this is not possible, the process of liquidating the assets to pay the creditors begins.
4. Payment to Creditors: The proceeds from the sale of the assets are used to pay creditors according to the order of priority established by law.
5. Closure of the Process: Once the stages have been completed, the insolvency process is closed.
Conclusion
Insolvency is a difficult financial situation for both individuals and companies. In Portugal, the insolvency process is governed by specific laws that aim to guarantee a fair and transparent solution for all parties involved. If you or your company are facing financial difficulties, it is important to seek the help of an insolvency lawyer to understand your rights and options within the insolvency process. The right support can help you get through this delicate phase and find the best path to a solid and sustainable financial recovery.
