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ARTICLE · 04 NOVEMBER 2019

The Insolvency Law In Panama

Morgan & Morgan
Morgan & Morgan
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Morgan & Morgan

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This Reorganization Plan is significant in that it serves to initiate the proceeding itself.

PanamaInsolvency/Bankruptcy/Re-Structuring

On May 19, 2016, the concept of a "Bankruptcy," as the legal term was defined, ceased to exist under Panamanian law. Law 12 of 2016 (the "Insolvency Law") entered into force on that date and introduced new proceedings into our legal system. These proceedings are referred to as Reorganization and Liquidation.

The enactment of the Insolvency Law sought not only the protection of the rights of creditors, but also to achieve a differentiation between "efficient" and "non-efficient" companies, depending on the reasons and circumstances that give rise to their insolvency status.

Reorganization

For "efficient companies", the law introduces the "Reorganization Proceeding," the main purpose of which is the recovery and continuation of the company as an economic unit and employer.

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