Creditors in insolvency proceedings

When a debtor enters insolvency proceedings, a creditor needs to review the case and check how its claim is recorded. The amount, supporting documents and security are central to assessing its position.

At Bernal Aquino, we represent creditors throughout insolvency proceedings. We review recognition of the claim, rulings affecting it and proposed arrangements so the client can make informed decisions.

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Our approach to the matter

We organize contracts, account statements, payments and security documents. We compare the claimed balance with available records and the information in the debtor’s case file.

Documents for the initial review

  • Contracts, negotiable instruments and security documents.
  • An account statement showing payments and the outstanding balance.
  • Details of the court, case number and notified rulings.
  • Correspondence and proposals from the debtor or its representatives.

Tell us whether you have received a notice and when it arrived. Reviewing the case promptly helps establish the steps and deadlines applicable to your claim.

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Questions about this service

What should I gather if my customer or debtor faces insolvency proceedings?

Gather contracts, invoices, promissory notes, security documents, account statements and details of the proceedings, if available. We review the origin and amount of the claim alongside the procedural stage to identify the appropriate steps. Information about other proceedings and payments received also forms part of the analysis.

Is creditor representation the same as ordinary debt collection?

Insolvency proceedings require analysis of how the claim is treated in that case and how it relates to other claims. We assess the documents, security and proposals affecting the creditor to define the engagement. Any collection efforts already underway are reviewed as part of the same strategy.