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In statements to Investigação SIC, Marina Carvalho, Senior Associate in the Litigation and Arbitration practice at CCA Law Firm, clearly explained how insolvency proceedings operate and the decisive role played by their participants. In particular, she highlighted the central position of the insolvency administrator, who is responsible for the initial management of the proceedings, the analysis of claims filed by creditors, and the preparation of the provisional list of recognised claims, which will serve as the basis for any distribution of collected assets. She also underlined that the court primarily acts as a guarantor of the legality of the proceedings, deciding on the basis of the facts presented to it, even in more complex contexts, such as those recently reported, involving bankrupt companies, complex corporate structures, and the use of third parties to represent business interests.
The lawyer further explains that “the insolvency administrator has a high level of control over the proceedings from the outset”, being vested with extensive powers that require a high degree of responsibility and scrutiny. She added that when the elements contained in the application justify a particular appointment, “it is difficult for the court not to agree”, which reinforces the importance of the accuracy and transparency of the information provided.
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