On 18 March 2021, the Latvian Parliament adopted amendments to the Latvian Law on the Suppression of Consequences of the Spread of COVID-19 Infection (“the Latvian Covid-19 Law”) that provide for a further extension of the insolvency moratorium.

Suspension of creditors’ right to file for insolvency

On 23 December 2020, amendments to the Latvian Law on the Suppression of Consequences of the Spread of COVID-19 Infection (the “Latvian Covid-19 Law”) that provide for changes to the regulation of insolvency proceedings came into force.

Reimposed suspension of creditors’ right to file for insolvency

Many companies will likely be forced to deal with debts and liquidity issues – one must act smart and promptly to keep the problems from snowballing,

Advice to creditors

Stop the snowballing effect!

Suspension of creditors’ right to file for insolvency

Persons entitled to file an insolvency application and insolvency (IS) proceedings entry criteria: 

1) A non-secured creditor or a secured creditor (regarding the non-secured part of the claim), in cases where:

Preconditions for starting an LPP:

1) no liquidation initiated against the debtor;

2) in the previous 5 years, the debtor has not implemented and completed LPP;

1) Debtor prepares OCLPP plan & obtains approval from creditors:

- more than 50% non-secured creditors (total of principal claims);

- at least 2/3 secured creditors (total of principal claims).

Who may not vote (on approval the plan): persons in the same group of companies, shareholders (natural persons) with decisive influence and persons who acquired claims against the debtor from the aforementioned persons within the previous 2 years.

2) Debtor and creditors agree on supervisor's candidate during OCLPP.

On 6 January 2017, another package of large-scale amendments to the Insolvency Law came partly into force. The main part of the amendments to the Insolvency Law comes into force on 1 July 2017 and thereafter.

Major amendments have been introduced to the Insolvency Law. Although initially the plan was that  these  would  enter  into  force  on 1 January next year, currently a draft law is before the Parliament to postpone the effective date to 1 March 2015. This newsflash deals with the main innovations.

Obligation to file for insolvency

The main law governing insolvency issues in Latvia is the Insolvency Law (Maksātnespējas likums)

The types of proceedings available are as follows: