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Raúl Herrera García

Of Counsel — Insolvency Law

Areas of expertise

Insolvency proceedings Second Chance Law Express & no-asset insolvency Civil procedural law Commercial law

Specializations

  • Corporate debt restructuring
  • BEPI (discharge of unpaid liabilities)
  • Insolvency liquidation and creditor agreements
  • Pre-insolvency filings (Art. 583 TRLC)
  • Personal guarantees in insolvency contexts

Education

  • Law Degree, Universidad Autónoma de Madrid
  • Specialisation in Business & Commercial Law (Commercial, Civil Procedural, Insolvency)
  • Registered no. 79,836, Madrid Bar Association (ICAM)

Languages

Spanish

Biography

Raúl Herrera García is one of those lawyers who decided long ago that specialisation is not a luxury but an obligation. A law graduate from the Universidad Autónoma de Madrid with a focus on Business Law, he has spent more than eighteen years practising insolvency, commercial, and civil procedural law. He is not a generalist who handles insolvency cases when they come along: he is an insolvency specialist who has built his entire career around financial distress, debt restructuring, and the legal mechanisms available under Spanish law for companies and individuals seeking an orderly way out.

He founded his own firm in 2013 after eight years at a multidisciplinary practice where he rose from intern to director. That trajectory taught him something that many lawyers take too long to learn: a good insolvency practitioner needs to understand not only the law, but the debtor’s economic reality, each creditor’s position, and the procedural strategy that maximises the real options for recovery or debt discharge. His firm, Herrera García Abogados, operates from Madrid with national coverage and has managed insolvency proceedings in commercial courts across multiple autonomous communities.

In the field of Spain’s Second Chance Law (Ley de Segunda Oportunidad), Raúl has advised individuals and self-employed professionals on obtaining the Benefit of Discharge of Unpaid Liabilities (BEPI), navigating a procedure that, despite its protective intent, remains technically demanding and is applied with uneven criteria across different courts. His experience includes negotiating out-of-court payment agreements, managing insolvency mediations, and defending against creditor opposition to discharge applications.

In corporate insolvency, he has intervened in the common phase as well as in composition agreements and liquidation, representing debtors seeking business continuity and, when viability is no longer an option, managing orderly dissolutions through express or no-asset insolvency proceedings. One of his most representative cases involved designing a strategy for a personal guarantor of a bankrupt company who owed over EUR 150,000 to a bank, successfully negotiating with the insolvency administrator to purchase the debt and subsequently acquire the secured asset through dación en pago (deed in lieu of payment).

Registered with number 79,836 at the Madrid Bar Association (ICAM), he is the author of Cómo montar tu despacho y (sobre)vivir en el intento (Dykinson, 2022), which was presented at the ICAM auditorium with members of the Governing Board and the president of Young Lawyers of Madrid in attendance. He has been interviewed by Confilegal, Newslegal, and other specialised legal publications on the reform of the Consolidated Insolvency Act (Texto Refundido de la Ley Concursal) and the risks of lawyers without specific insolvency training taking on these types of proceedings.

As Of Counsel at BMC, Raúl brings the team a capability that directly complements the firm’s tax, commercial, and employment law divisions: comprehensive management of insolvency situations, from the pre-insolvency filing under Article 583 TRLC through to the conclusion of proceedings, including creditor negotiations, credit challenges, and protection of the business owner’s personal assets. His addition enables BMC to offer clients a first-rate insolvency service without needing to refer work to external parties at precisely the moment when the company or individual needs all the professionals involved to work in coordination and under a single strategic direction.

Services led

Practice areas where Raúl serves as lead advisor or active contributor

Business Mediation (Mandatory MASC)

Civil and commercial mediation services under Organic Law 1/2025. Since April 2025, Spanish courts reject claims without prior proof of a MASC attempt (mediation, conciliation, or assisted negotiation). We design the protocol, facilitate the process, and issue the court-ready certificate.

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Company Dissolution and Winding Up

Full legal, tax, and employment management of the company dissolution and winding-up process. Director protection, orderly extinction of obligations, and definitive deregistration with zero outstanding personal liability.

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Criminal Compliance

Corporate criminal compliance programmes to exempt or mitigate the criminal liability of legal entities under Article 31 bis of the Spanish Criminal Code.

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Debt Recovery

Professional debt recovery combining amicable negotiation with effective legal action to restore your cash flow.

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Corporate Debt Restructuring

Book I TRLC restructuring plans allow haircuts and maturity extensions to be negotiated with creditors, effects extended to dissenters through judicial homologation (cram-down), and the company restructured without entering formal insolvency proceedings. For companies with imminent insolvency and a viable underlying business, it is the most powerful alternative to formal bankruptcy in Spain.

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Express Insolvency and No-Asset Insolvency

When a company has insufficient assets to cover the costs of formal insolvency proceedings, Spanish law provides for immediate closure through express insolvency (Art. 37bis TRLC). For individuals (self-employed and directors who have given personal guarantees) there is also the BEPI pathway — discharge of unsatisfied debts. If you need to close a company with debts legally and definitively, this is the route.

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Insolvency Advisory and Restructuring

Expert guidance through Spanish insolvency proceedings and pre-insolvency restructuring plans under the reformed Ley Concursal. With over 9,000 bankruptcies in Spain in 2024, early intervention is the difference between preserving value and losing everything — including directors' personal assets.

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Pre-Insolvency Filing (Art. 583 TRLC)

The pre-insolvency court notification under Art. 583 of the Spanish Insolvency Act activates a 3-month judicial shield against enforcement actions, allowing negotiation with creditors without declaring formal insolvency. It is the most powerful early-intervention tool in Spanish insolvency law — and most directors are unaware it exists until it is too late.

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Public Debt Negotiation: AEAT and Social Security

Deferral under Art. 65 LGT, instalment arrangements with the TGSS and AEAT singular agreements are specific mechanisms for negotiating public debt when a business faces liquidity difficulties. Knowing when to use each one — and when instead to incorporate public debt into insolvency proceedings — can be the difference between saving the business and destroying it.

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Second Chance Law for Individuals

Legally discharge your debts and start fresh. Spain's Second Chance Law allows any natural person — self-employed, salaried employees, retirees, guarantors — to write off unpaid debts, including partially those owed to the Tax Agency and Social Security. The February 2026 Supreme Court rulings significantly expand public debt discharge.

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Special Procedure for Micro-Enterprises

The special procedure for micro-enterprises (Law 16/2022) allows companies with fewer than 10 employees to resolve their insolvency entirely online, without a court-appointed insolvency administrator, in 3–6 months and at a fraction of the cost of ordinary insolvency proceedings. Three routes available: business continuation, creditor arrangement, or orderly liquidation.

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