We advised Tecnología de Materiales S.A. in the submission of the recognition of credits petition before Indecopi, the Bankruptcy and Restructuring authority, within the insolvency proceeding of Ingenieros Civiles y Contratistas Generales S.A. (ICCGSA). Our team reviewed the documentation regarding the debt before Tecnología de Materiales and formulated a strategy in relation with the obtention of the full pending credits in favour of Tecnología de Materiales. The legal advice involved our active participation in the creditor meetings called, the approval of the restructuring plan and the company is monitoring that the acts agreed in the schedule of the plan are carried out to proceed with the payment of the creditors.

We advised TDM Geosintéticos S.A. in the submission of the recognition of credits petition before Indecopi, the Bankruptcy and Restructuring authority, within the insolvency proceeding of Ingenieros Civiles y Contratistas Generales S.A. (ICCGSA). Our team reviewed the documentation regarding the debt before TDM Geosintéticos and formulated a strategy in relation with the obtention of the full pending credits in favour of TDM Geosintéticos.. The legal advice involved our active participation in the creditor meetings called, the approval of the restructuring plan and the company is monitoring that the acts agreed in the schedule of the plan are carried out to proceed with the payment of the creditors.

We advised TDM Asfaltos S.A.C. in the submission of the recognition of credits petition before Indecopi, the Bankruptcy and Restructuring authority, within the insolvency proceeding of Ingenieros Civiles y Contratistas Generales S.A. (ICCGSA). Our team reviewed the documentation regarding the debt before TDM Asfaltos and formulated a strategy in relation with the obtention of the full pending credits in favour of TDM Asfaltos . The legal advice involved our active participation in the creditor meetings called, the approval of the restructuring plan and the company is monitoring that the acts agreed in the schedule of the plan are carried out to proceed with the payment of the creditors.

We advised Caterpillar Leasing Chile (CLC) in the submission of the recognition of credits petition before Indecopi, the Bankruptcy and Restructuring authority, within the insolvency proceeding of Ingenieros Civiles y Contratistas Generales S.A. (ICCGSA). Our team reviewed the documentation regarding the debt before CLC and formulated a strategy in relation with the obtention of the full pending credits in favour of CLC. ICCGSA is a company specialized in providing engineering services, construction of infrastructure works, road maintenance and concessions. The company was submitted to bankruptcy at the request of one of its creditors, so the company CLC was advised, which had debts at that time, which were granted to ICCGSA for the execution of its economic activities. Furthermore, the advice became complex, since, at the time of the beginning of the bankruptcy process, the company was in the process of executing certain machinery that was granted as a guarantee by ICCGSA in favor of CLC, and that days before the process it was withdrawn by CLC for the execution process of the goods. The advice involved active participation in the meetings that decided the fate of the company and the procedure is being monitored so that the restructuring plan is fulfilled.

We advised Arcadis US on the most effective strategy to dissolve an inactive subsidiary, under the General Corporations Law (Law No. 26887), ensuring a smooth and compliant process. In addition to providing expert guidance on the dissolution and liquidation procedures, we conducted a thorough tax assessment to identify and address any potential contingencies from a fiscal perspective.

We provided strategic guidance to Arcadis Logos on the optimal process for closing down its branch in Peru, following the framework outlined in the General Corporations Law (Law No. 26887). Under Peruvian law, branches are subject to the same rules as corporations regarding dissolution, liquidation, and extinction procedures. While the Civil Code establishes that legal acts are governed by the laws of their origin, it was essential to align the parent company’s resolutions with Peruvian regulations. This ensured a seamless registration of the branch’s closure with the Public Registries, fully compliant with local legal requirements.

Maersk is a logistics operator that provides solutions by connecting key inland service points and major container ports with each other and with the rest of the world, thus enabling their movement. We have advised and provided information on the initiation or not of insolvency proceedings initiated by the bankruptcy authority of Indecopi with respect to different debtors. This in order to enable them to take the corresponding credit recognition actions before the submission of the same to insolvency.

The company TDM Geosintéticos S.A. was advised in the determination of the existence and amount of the amount owed, in order to request before the insolvency authority the recognition of the credit from Sociedad Minera Austria Duvaz, withi the framework of the insolvency proceeding. In this case, by virtue of our request, the authority recognized in full the amount requested for principal and interest. To date, we have filed an appeal for expenses, as we also seek to obtain the recognition of such amount by the authority. It should be pointed out that it was decisive in this case that we informed the Client in a timely manner of the publication of the insolvency of the aforementioned debtor by the authority, as this allowed us to review and analyze the information provided by the Client in time to file the request for recognition within the term established by the regulation.

GYM S.A. (now Cumbra Perú S.A.) is one of the largest companies in Peru dedicated to the execution of projects for the construction of infrastructure, energy, buildings, mining, among others. This company maintains a large debt with our client KAEFER KOSTEC S.A. for the execution of services that our client has provided in the development of certain projects. In this regard, we take notice that a new investor had entered the company from Brazil, putting up strong capital, so given the projections it had, it would not be convenient for the company to enter into a bankruptcy proceeding. Consequently, we proposed to the client the strategy of submitting a request to initiate bankruptcy proceedings, in order to deal with immediate payment, or at least a payment agreement, since GYM refused to grant guarantees or sign any agreement. The procedure concluded and we obtained the acknowledgment of debt of a part of the amount owed, which allowed us to make a part of the collection to Cumbra Perú S.A. Regarding the outstanding amounts owed, KAEFER filed a new request for the initiation of bankruptcy proceedings, basing its request on new evidence that would allow collection. In the first instance, the authority denied the request, stating that there was no sufficient evidence to prove the existence of the debt. However, an appeal was filed against this decision before the higher administrative instance and an outstanding result was obtained for the client, since the entity determined that the debt did exist and ordered the initiation of the bankruptcy proceeding. This decision determined that CUMBRA proceeded to make the payment to KAEFER and the company was satisfied with the payment of all its outstanding debts with the legal strategy proposed.

We are advising Pernord Ricard in a complex petition of recognition of credits against Savar Agentes de Aduana S.A. Pernord requested the aforementioned recognition of credits before Indecopi regarding SAVAR, since the latter owes it obligations, generated from the configuration of an “undue payment”. Thus, not only we formulated the strategy regarding the enforcement of the bankruptcy regulation but also, we formulated a legal basis related to the figure of “undue payment” that is contained in the Peruvian Civil Code. In this sense, we exposed that Savar (as Trustor), another company (as Trustee) and others entered into a Trust Agreement whereby Savar assigned all of its collection rights and cash flows. Such assignment included those collection rights arising from the Logistic Services Agreement (between Savar and Pernord). The Trust was created to guarantee and serve as a means of payment of the credit obligations assumed as a result of a financing operation between Savar and a Fund Company (the Trustee). Therefore, we are waiting for the determination of the Bankruptcy Auhtority regarding this petition.