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    Spanish law allows creditors to make individual liability claims against directors after de facto trading cessation
    1969-12-31
    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Osborne Clarke LLP, Articles of association, Insolvency
    Authors:
    Jordi Casas , Anna Boix
    Firm:
    Osborne Clarke LLP
    Spain's Supreme Court rules that assignment of claims does not determine insolvency ranking
    2026-04-22

    The decision confirms that ranking depends on when the claim arises not when it is assigned

    The Spanish Supreme Court, in its ruling 22/2026, has addressed a frequently contested question in Spanish insolvency law: whether the subordination of a claim based on the creditor being a related party should be determined at the time the claim originates or at the time it is later acquired by assignment.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Osborne Clarke LLP, Insolvency
    Authors:
    Eduard Arruga , Victoria Bobo , Francisco López Flores
    Location:
    Spain
    Firm:
    Osborne Clarke LLP
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