OPINION COLUMN. Confilegal publishes this weekend an interesting opinion column on the central value of viability as a key component in any restructuring, prepared by Davinia Sánchez de la Cruz y Malena Vila.
In this column, our expert lawyers analyse one issue of significant importance when it comes to the homologation of the restructuring plan by the court: the future viability of the debtor, an element which is proving to be decisive for the courts to decide whether to approve a restructuring plan, as happened in the case of Industrias Bianchezza, as explained by our expert lawyers. For Davinia y Malena, the viability of the company in a post-restructuring plan scenario, considering the spirit of the EU Directive and its transposition into Spanish law, is a formal requirement which has become a key element for the intervening court to sanction its homologation.
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