Wednesday, February 11, 2009

What is a necessary solicitation of creditors?

It is the state that a company enters when they find themselves in the situation of insolvency. This could be voluntary or necessary. It would be voluntary when solicited by the company or necessary when one or various creditors have not been paid or are made aware of the insolvency of debtor, situation they will have to prove.
In this case, we find ourselves with a necessary solicitation, even though to the understanding of many legal professional, this company should have begun the voluntary solicitation as they have direct knowledge of their financial situation and the difficulty that they are going through at this moment in time. To find ourselves in the solicitation situation it is necessary to prove the insolvency situation and for the judge to dictate “self declaration of the solicitation”, in which a Judge will dictate once heard the personal side up to this moment, that is to say, the creditors that have filed a solicitation against Aifos, understand that there exists an insolvency situation. It would be from then onwards when different sections would open up in this proceeding, and should come forth, through a lawyer or legal assistant, all those people that have a claim against the company. If you have a debt before this company and, in the case were finally they dictate the declaration for the solicitation, you must communicate this to the administration, but if you only wish to know how the proceeding is developing it is necessary to make know this through your lawyer or legal assistant that will be assisting and representing you through this lengthy process.

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