Insolvency lawyers in Spain and debt discharge
You owe more than you can pay, the seizures have already started and every month more goes out than comes in. Our insolvency lawyers handle both sides of the same problem: the discharge of debts for individuals and the self-employed under Spain's second chance law, and pre-insolvency, insolvency and restructuring when it is the company that cannot hold on. A lawyer registered with the Spanish bar first checks whether your case actually fits, and says so even when that is not the answer you were hoping for.
What we handle
Your discharge is refused for lack of good faith
Appeal within twenty days against the refusal, arguing that the grounds for exclusion are an exhaustive list and are read restrictively by the Supreme Court (arts. 486 to 488 TRLC, the Spanish insolvency act).
You are told tax and social security debts are excluded
The cap on public debt applies to each public creditor separately, not jointly, as the Supreme Court settled in February 2026 (art. 489.1.5º TRLC).
A creditor wants your discharge revoked
Defence of the revocation proceedings, available for three years on grounds of a substantial improvement in your position, concealed assets or breach of the payment plan (arts. 495 to 501 TRLC).
You are asked to cover the company's shortfall personally
Opposition to the culpability report in the incidental proceedings, with ten days to appear and disqualification of two to fifteen years at stake (arts. 442 to 456 TRLC).
A supplier has petitioned to put your company into insolvency
Five days from service to appear and oppose, disputing the fact relied on as evidence of insolvency (arts. 2, 3 and 14 to 20 TRLC).
Seizures are piling up but the company is still viable
Notice of the opening of negotiations, which suspends enforcement for three extendable months and opens the route to a court sanctioned restructuring plan (arts. 583 to 594 TRLC).
You do not know which procedure applies to you
The special microenterprise route is compulsory, not optional, below ten employees and 700,000 euros of turnover or 350,000 euros of liabilities, and choosing wrong means the filing is rejected (art. 685 TRLC).
How we work on it
Before anything else we run the eligibility test, a dull and decisive list: every debt with its creditor and its nature, how much of it is public debt, what assets you hold, what income comes in, what family responsibilities you carry and whether there was an earlier insolvency or discharge. Out of that comes the only thing that matters at the start: which part of your debt can be discharged and which part will stay with you. Then we choose between the two routes: discharge with liquidation of your assets, which is faster, and discharge with a payment plan, which allows you to keep your main home for as long as the mortgage keeps being paid. For a company the order is reversed: if it is still viable, first comes the notice of the opening of negotiations, which suspends enforcement for three extendable months and opens the route to a restructuring plan; insolvency comes afterwards, and with it the culpability stage, where the director risks disqualification and personal liability for the shortfall. We will not promise you that your debts disappear: we tell you what is in, what is out and what is at risk, with the statute in hand and with what the Supreme Court settled in February 2026 on public debt.
Your matter is quoted after the consultation, because every case is different. The consultation fee is credited in full against the engagement if you go ahead.
Frequently asked questions
Am I going to lose my home?
It depends on the route. Under discharge with a payment plan the law allows you to keep your main home for as long as the mortgage keeps being serviced. Under discharge with liquidation your assets are realised, with one important nuance: if what is owed to the bank equals or exceeds the value of the home, that property adds nothing for the other creditors, and we make that point. It is the first calculation we run in the consultation.
Are tax and social security debts included?
They are included up to a cap. The first 5,000 euros are discharged in full and 50 % of the band from there up to 10,000 euros. The development that changes many cases is that the Supreme Court confirmed in February 2026 that the cap applies to each public creditor separately, so the tax authority and the social security treasury each have their own limit.
What happens to the seizures while the case runs?
That is precisely the effect being sought. For a viable company, the notice of the opening of negotiations suspends enforcement for three extendable months. In insolvency, the declaration halts individual enforcement actions and channels them into the collective procedure. What we will not give you is a date: the timings depend on the court handling your matter, and promising you a calendar would not be truthful.
How do I pay a lawyer when there is no money left?
With the cards on the table from the start. It begins with the consultation, 100 euros for half an hour or 200 euros for a full hour, and in it we run the eligibility test: if your case does not fit, we tell you there and then and you spend nothing more. If it does, that same consultation produces the fixed quote for the matter, which you see before engaging, and the consultation fee is credited in full against it.
Law firm guides on this area
The dispute explained: what action lies, what deadline is running and what has to be proved.
- Debt relief refused because you are not a good faith debtor
- The tax agency and social security oppose discharging your debt
- They want to revoke the debt discharge you already obtained
- The insolvency is declared culpable and you cover the deficit
- A creditor files for your compulsory insolvency: five days left
- Your company is still viable: the pre-insolvency that halts seizures
- Your micro business cannot pay: the special route is compulsory