Legal powerhouse Carey fields a ‘very serious and committed’ insolvency, bankruptcy and restructuring group that is consistently involved in high-stakes insolvency proceedings in Chile. The team’s specialisms include advising both creditors and debtors on liquidations, reorganisation agreements and restructurings, as well as assistance during negotiations. The firm's full-service offering allows the practice to leverage the experience of litigators for insolvency proceedings, along with that of the firm’s corporate lawyers in M&A and financial distress-related operations. The team has also been especially active in relation to the economic aftermath of the Covid-19 pandemic, particularly in the construction and real estate sectors. The group's principal advisers are complex insolvency specialist Ricardo Reveco, whose recent experience includes leading advice to Mainstream Renewable Power (Mainstream), Cóndor Energía and Huemul Energía on the debt restructuring of Mainstream’s Chilean affiliates; Roberto Villaseca and Salvador Valdés' whose track records include advising on the restructuring of liabilities; Francisco Ugarte, an adviser to both debtors and creditors on restructuring and insolvency matters; financial distress transaction expert Cristián Figueroa; and Alejandra Daroch, who maintains a broad insolvency, bankruptcy and restructuring practice. Focused on civil and commercial litigation, intermediate associate Francisco Torm also acts in restructuring and insolvency proceedings.
Bankruptcy, insolvency and restructuring in Chile
Carey
Responsables de la pratique:
Ricardo Reveco; Salvador Valdés; Francisco Ugarte; Cristián Figueroa; Alejandra Daroch; Roberto Villaseca
Les références
‘Very professional and consistent work.’
‘Very serious and committed.’
‘A team with high-level knowledge and practical experience in insolvency cases, which allow advice that provides peace of mind and confidence to the client, since the strategies are appropriate to the client’s needs.’
Principaux clients
Mainstream Renewable Power
Cóndor Energía
Huemul Energía
María Elena Solar
Empresas Sencorp
Nova Austral
La Araucana
Valle Nevado
Sociedad Inmobiliaria Valle Nevado
Itaú Corpbanca
Carsol Fruit
Carsol Export
Constructora Proyekta
Tanner Servicios Financieros
Principaux dossiers
- Assisted Mainstream Renewable Power, Cóndor Energía and Huemul Energía with the restructuring of the debts and assets of the Chilean affiliates of Mainstream.
- Assisted Nova Austral with the negotiation of a judicial debt restructuring proceeding.
- Assisted La Araucana with the negotiation to amend its judicial reorganisation plan.
Claro & Cia.
‘On the front line of new legal developments and cutting-edge practices’, legal market stalwart Claro & Cia. is home to a 14-strong reorganisation and insolvency practice that acts for major companies on the restructuring and rescheduling of their liabilities, as well as the negotiation of payment and creditor agreements. On the creditor side, the team routinely assists with bankruptcy liquidation processes and reorganisation agreements. Highlights for the practice include its current representation of LATAM Airlines, in relation to the reorganisation of its business globally under Chapter 11 of the US Bankruptcy Code. It is also advising Citigroup Latinoamérica on Chilean bankruptcy and restructuring issues. The group’s key practitioners include civil and commercial litigation and arbitration expert, Nicolás Luco; M&A practice head José María Eyzaguirre B; Rodrigo Ochagavía, who regularly acts for creditors and debtors; and Felipe Larraín, an expert in M&A, business organisations and corporate finance, particularly in relation to cross-border mandates. The team also includes well-known litigator Cristóbal Eyzaguirre, whose broad practice includes restructuring work; bankruptcy specialist José Miguel Huerta; and Ariel Mihovilovic, who assists with both transactional and contentious matters.
Responsables de la pratique:
Nicolás Luco
Les références
‘The firm is uniquely strong, and has exceptional legal insights and top-notch commercial advice.’
‘They are first among peers as a go-to firm for complicated matters.’
’On the front line of new legal developments and cutting-edge practices.’
Principaux clients
LATAM Airlines Group
Euroamérica
AES Andes
Citigroup Latinoamérica
Banco Itaú Corpbanca
Samsung
Principaux dossiers
- Representing LATAM Airlines in the reorganisation of its business globally under Chapter 11 of the US Bankruptcy Code, as well as ancillary proceedings and related matters.
- Advising Citigroup Latinoamérica on Chilean bankruptcy/restructuring legal issues.
- Advising Banco Itaú Corpbanca on Chilean bankruptcy/restructuring legal issues.
Nelson Contador & Compañía Abogados
Nelson Contador & Compañía Abogados has an enviably strong market reputation for its experience in financial distress scenarios. The practice’s expertise ranges from restructurings and reorganisations to high-stakes liquidation proceedings, and the group also houses cross-border insolvency specialists. Principal figure and name partner Nelson Contador is a veteran bankruptcy expert and former chief lawyer at the National Bankruptcy Prosecutor’s criminal department; he is flanked by bankruptcy, reorganisation and liquidation procedure specialist María José Contador; and María Ignacia Contador who has notable experience in insolvency proceedings. The practice also comprises counsel Ivan Caldery, an adviser on financial restructuring and bankruptcy procedures; and experienced associate Daniel Gatica who recently completed his LLM.
Responsables de la pratique:
Nelson Contador
Barros & Errázuriz
A core area for full-service firm Barros & Errázuriz, the insolvency and restructuring practice represents both debtors and creditors in judicial and extrajudicial reorganisations. The group is also sought out for its experience in insolvency proceedings, as well as insolvency and restructuring-related litigation and arbitration cases. It additionally advises on the acquisition of assets from companies that are subject to liquidation or reorganisation procedures. The group recently assisted Larraín Vial Activos, Administradora General de Fondos (as creditor) with the preparation and filing of a compulsory liquidation lawsuit. Team head and bankruptcy-related disputes specialist, Javier San Martín is the current professor of Insolvency Law at Universidad Adolfo Ibáñez; fellow partner José Luis Corvalán assists with both liquidation and reorganisation procedures. At associate level, both senior Milton Gutcovsky and intermediate Alexis Cespedes regularly act for debtors and creditors in relation to reorganisations and liquidations.
Responsables de la pratique:
Javier San Martín
Principaux clients
Larraín Vial Activos (Administradora General de Fondos)
Banco BTG Pactual
Agrícola La Higuera
Credicorp Capital
Buildtek
Fratelli Investments
Grupo CVV
Principaux dossiers
- Assisted Larraín Vial Activos, Administradora General de Fondos (as creditor) with the preparation and filing of a compulsory liquidation lawsuit.
- Assisted Banco BTG Pactual with the preparation and filing of a compulsory liquidation lawsuit against Boulevard Maestranza.
- Assisted Agrícola La Higuera (as debtor) with the preparation, filing and enforcement of a reorganisation and restructuring procedure.
Morales & Besa
Morales & Besa's 10-strong reorganisation and insolvency practice is consistently sought out to represent both debtors and creditors from the healthcare, financial services, construction and energy sectors (among others). Demonstrating ‘a great ability to coordinate activities across various jurisdictions successfully’, the team is noted for Chile-related cross-border insolvency proceedings (including Chapter 11 matters), as well as domestic insolvency-related reorganisations. In recent mandates, the practice acted for Sociedad Concesionaria Metropolitana de Salud (as creditor) on Astaldi Sucursal Chile’s reorganisation; and assisted CIFI (Corporación Interamericana para el Financiamiento de Infraestructura), as the largest creditor in Itelecom Holding Chile’s reorganisation proceedings. The team is co led by principal figures Gonzalo Cordero and Myriam Barahona. Cordero's expertise includes high-level reorganisations and insolvencies, in addition to domestic and international arbitration, litigation and criminal law; while commercial, financial and corporate law practitioner Barahona is ‘one of the few specialists in the local market with the capacity to lead highly complex operations’; her experience encompasses domestic bankruptcies, reorganisations, and Chapter 11 and banking-related restructurings. At associate level, disputes practice director Juan Ignacio Eymin and corporate insolvency-focused senior Juan Luis Vial provide key support.
Responsables de la pratique:
Gonzalo Cordero; Myriam Barahona
Les références
‘A pragmatic team with industry specialists and always available.’
‘The pricing and billing is very clear.’
‘Skill and knowledge in litigation and insolvency, but also in other areas such as corporate, contractual and finance, as well as a strategic and global view of the project and the different ramifications of the case at various levels.’
Principaux clients
Banco de Crédito e Inversiones
Multitiendas Corona
Sociedad Concesionaria Metropolitana de Salud
Corporación Interamericana para el Financiamiento de Infraestructura
DNB Bank
Cerro Dominador
Principaux dossiers
- Advising Sociedad Concesionaria Metropolitana de Salud (SCMS), which requested the forced liquidation of Inversiones Leivi for debts that it has with SCMS.
- Advising Sociedad Concesionaria Metropolitana de Salud (SCMS), as creditor in the reorganisation procedure of Astaldi Sucursal Chile.
- Advised Corporación Interamericana para el Financiamiento de Infraestructura on the structure of a reorganisation plan.
Prieto Abogados
Regularly mandated to advise on headline liquidations and reorganisations, Prieto Abogados' 10-strong team comprises experts in defaulting companies, as well as debt, syndicated loan and bond conversion-related negotiations. The group, which ‘stands out for its knowledge and expertise in restructuring’, is also highly active in relation to cross-border insolvencies. In recent highlights, the department advised Engie on the liquidation of electricity generation company María Elena Solar. Co-leading the insolvency and restructuring team, Benjamín Grebe predominantly acts for creditors in judicial insolvency procedures (including bankruptcies and reorganisations), along with restructurings and debt negotiations; and Alberto González V (who also co-heads the firm’s litigation department) is experienced in insolvency proceedings involving direct actions against debtors. In the associate team, senior Vicente Tapia routinely advises on liquidations and reorganisations, while the more junior Javier Albornoz rounds out the practice.
Responsables de la pratique:
Benjamín Grebe; Alberto González V
Les références
‘Prieto’s team stands out for its knowledge and expertise in restructuring.’
‘The technical capacity, level of involvement, executive management and availability to address assignments stand out.’
‘Preparation and availability are the elements that clients highlight about Prieto’s team.’
Principaux clients
Aguas Andinas
Penta Vida
Moneda Asset
Vivocorp
Engie Energía Chile
Mallplaza
Banco Internacional
Equinox Los Andes
Fondo de Inversión Privado Agrodesarrollo
X Capital (Xepelin)
Inversiones World Logistic Limitada
Chilena Consolidada de Seguros de Vida (Zurich)
Inversiones Antis
Principaux dossiers
- Advised Banco Internacional, Penta Vida Compañía de Seguros de Vida and Zurich (Chilena Consolidada Seguros de Vida) on the reorganisation process of the Sencorp Group.
- Advised X Capital on the liquidation petition of Winia Electronics Chile.
- Advised Engie on the liquidation of María Elena Solar.
Bofill Mir Abogados
Bofill Mir Abogados' bankruptcy and restructuring multidisciplinary team handles both the pre-bankruptcy phases (including the negotiation and restructuring of liabilities) and full bankruptcy stages, such as reorganisation agreements, liquidation procedures and cross-border insolvency matters. Displaying ‘a very commercial vision’, the group is co-led by founding partner and corporate and commercial law specialist, Octavio Bofill, whose expertise covers advice to bondholder groups on their rights in relation to corporate reorganisations; and Rodrigo Saffirio, who routinely acts for debtors and creditors in complex bankruptcy, reorganisation and liquidation proceedings. Senior associate Gonzalo Barceló has broad experience of insolvency and restructuring matters.
Responsables de la pratique:
Octavio Bofill; Rodrigo Saffirio
Les références
‘They have a very commercial vision and are able to take a business perspective beyond legal issues and adjust it to the needs of the negotiation.’
‘They have very good experience, knowledge and track record in real estate matters.’
‘A good team that is capable of addressing the different facets of the real estate business.’
Principaux clients
CCU
Mitsui
Exportadora Santa Cruz
Bice Vida Compañía de Seguros
Global (ad hoc group of bondholders)
Principaux dossiers
- Assisted Compañías de Cervecerías Unidas (as creditor) with reorganisation proceedings.
- Advising Mitsui & Co (as creditor) on the bankruptcy reorganisation proceeding of Sierra Atacama.
- Assisted Exportadora Santa Cruz with a judicial reorganisation proceeding.
Cariola Díez Pérez-Cotapos
Representing major local banks, financial institutions and debtors, Cariola Díez Pérez-Cotapos' bankruptcy and restructuring practice houses experts in bankruptcy proceedings, financial restructuring, tax, litigation and white-collar crime. The group, which is regularly involved in the insolvencies of domestic companies, is co-led by Fernando Urrutia, who undertakes litigation involving reorganisations and bankruptcies; and Raimundo Moreno, whose track record includes numerous reorganisation and liquidation proceedings. At associate level, senior Sergio Balharry advises both domestic and foreign clients on bankruptcy and restructuring matters, with semi-senior José Miguel Flores also assisting with liquidations and reorganisations.
Responsables de la pratique:
Raimundo Moreno; Fernando Urrutia
Principaux clients
Banmédica Group
B Braun Medical
Sandvik Chile
The Walt Disney Company Chile
Prolesur
Comercializadora Nutreco Chile (Skretting)
Celulosa Arauco and Constitución
Esmax Distribución
Agrícola Bahía Rincones
Principaux dossiers
- Acted on behalf of Skretting in a reorganisation proceeding initiated by Nova Austral.
- Acted on behalf of Soprole in two reorganisation proceedings initiated by Chilterra and Agrícola Dos Ríos.
- Acted on behalf of 22 Banmédica-related companies in a reorganisation proceeding initiated by Isapre Masvida.
Cuatrecasas
Cuatrecasas' restructuring, insolvency and special situations practice has extensive experience in complex business crises, including cross-border insolvencies. ‘Very skilled in insolvency and restructuring issues’, the team also advises creditors, debtors, management teams and shareholders on deal restructurings and production unit sales. The multidisciplinary group is further able to leverage the firm’s expertise in litigation, finance and M&A. Practice leader Gianfranco Lotito regularly advises lenders and investors on distress-related scenarios involving company restructurings, liquidity injections and M&A. Tomás Kubick and Alfonso Ugarte (currently located in the firm's New York office) are additional partner-level contacts for insolvency work - particularly cross-border matters in the case of Ugarte); while principal associate Andrés Lafuente specializes in civil and commercial litigation and arbitration, particularly in relation to insolvency proceedings (bankruptcy reorganisation and liquidation).
Responsables de la pratique:
Gianfranco Lotito
Les références
‘A good choice for insolvency matters.’
‘They have a good look at the business and are creative when it comes to proposing solutions.’
‘The Cuatrecasas team is very skilled in insolvency and restructuring issues, given that the practice comprises litigation lawyers who know the different possibilities and how to use them for the benefit of their clients.’
Principaux clients
Nordic Trustee
Banco Itaú Corpbanca
Winia Electronics
Autorentas del Pacífico
Enel Green Power
AFP Provida
Tanner Servicios Financieros
Principaux dossiers
- Provided advisory services to Nordic Trustee, in relation to a reorganisation plan for Nova Austral.
- Advising Tanner Servicios Financieros on the reorganisation proceedings of Sierra Atacama.
- Advising Banco Itaú Corpbanca, as a creditor of the Helio-Atacama solar park project, in relation to the restructuring of current loan conditions.
Dentons
The track record of Dentons‘s six-strong restructuring, insolvency and bankruptcy group includes representing energy and mining companies as creditors in bankruptcy proceedings. Its experience also includes assisting transport and agricultural sector debtors in judicial reorganisations. Multinational companies notably benefit from the firm’s ability to leverage teams in various jurisdictions during liquidations and reorganisations. Team head Carlos Urzúa handles corporate matters, bankruptcy, reorganisations, liquidations, and complex litigation, with a certain focus on the representation of companies during liquidation proceedings and the negotiation of associated contracts. Pauline Chiffelle has a strong track record in the sector and focuses on restructurings, reorganisations and both individual and company liquidations; while on the contentious front, younger partner Marcelo Alarcón is the key contact. At associate level, senior Daniel Cristi has experience assisting creditors negotiate debt settlements with their debtors, as well as representing clients in bankruptcy and/or renegotiation procedures.
Responsables de la pratique:
Carlos Urzúa
Principaux clients
Papa John’s International
Papa John’s Food Service
Grupo Convertidor Papelero
Official Unsecured Creditors Committee of Alto Maipo Delaware and Alto Maipo
RGN Santiago de Chile III
Regus Business Centre de Chile V
Regus Business Centre Chile III
Monrabal Chile
Itelecom Holding Chile
Banco Sabadell
PT Construcciones
Principaux dossiers
- Advised Papa John’s International on the reorganisation procedure of its franchisee in Chile.
- Acted for debtor company Monrabal Chile in relation to its insolvency.
- Assisted the Official Unsecured Creditors Committee of Alto Maipo Delaware and Alto Maipo with the Chapter XI procedure initiated by Alto Maipo and Alto Maipo Delaware before the United States Bankruptcy Court for the District of Delaware.
García Nadal & Cía
García Nadal & Cía fields ‘a team that is deeply involved in its cases’. Routinely acting for creditor banks, financial institutions and private companies, the three-member restructuring and insolvency group covers bankruptcies, insolvency proceedings and contentious restructurings. ’Always aware of clients’ needs’, founding partner Esteban García Nadal has longstanding experience in bankruptcy and agreement procedures; primary support is provided by Juan Patricio Ponce, the firm’s associate litigation director.
Responsables de la pratique:
Esteban García Nadal
Les références
‘This is a team that is deeply involved in its cases.’
‘Provides solutions for business reorganisations and efficiency during bankruptcy liquidations.’
‘The practical approach, based on continuous participation in this area, delivers the relevant expertise when facing complex cases.’
Principaux dossiers
Guerrero Olivos
Guerrero Olivos' five-strong team advises on a range of bankruptcy and insolvency issues, as well as reorganisation plans. The group routinely assists corporate debtors (and secured and unsecured creditors) with payment plan structuring. It also represents clients before creditor boards. The practice is co-led by Sergio Yávar, whose track record includes successfully leading numerous reorganisation and liquidation matters; and Juan Enrique Allard, an adviser on corporate reorganisations. The team further includes associate Pablo Rioseco, who assists with both reorganisations and insolvency proceedings.
Responsables de la pratique:
Sergio Yávar; Juan Enrique Allard
Principaux clients
Anglo American Marketing
Kimura Master Fund
Caja de Compensación de Asignación Familiar La Araucana
GA-K Overseas Co
Fundación Arturo López Pérez
Innotrade4
Bora Factoring
Inmobiliaria Absal
Mitta (Mitsui & Co)
Cordova
Edicasa
Principaux dossiers
- Assisting Anglo American Marketing and Kimura Commodity Trade Finance Fund with the liquidation proceeding of a large mining company.
- Representing a Cypriot company, as a creditor of a well-known Chilean paper company, in a $60m reorganisation proceeding.
- Assisted an international law firm with a complex credit submission, which concerned the reorganisation proceedings of Sencorp.