Royal Decree-Law 4/2014 revamps regulations on Insolvency Law’s refinancing agreements, broadening their potential content and clarifying rules for extending effects to non-signatory or dissenting creditors. This allows involvement of creditors with tangible securities in certain circumstances.
Per the European Code of Conduct for Mediators and the Spanish Mediation in Civil and Commercial Matters Act (LM), a mediator must maintain confidentiality regarding information and documents obtained during mediation, with the European Code of Conduct extending this duty to the mediation’s existence (point 4). The LM specifically holds the mediator responsible for any breach of this confidentiality obligation, highlighting its importance.
Property executions necessary for a business activity cease for up to four months from the debtor’s initial communication with the court regarding negotiations with creditors. This pause aims to facilitate successful agreements and prevent the accumulation of executions by uncooperative creditors.
The Entrepreneur Support Act (Law 14/2013), enacted on September 27, 2013, introduced the bankruptcy mediator role. Published in the Spanish Legal Bulletin (BOE), it also brought partial modifications to the Insolvency Act (Law 22/2003) on July 9, 2003.
Half of the newly invested funds in refinancing lack insolvency privilege, requiring timely payment. This percentage temporarily rises to 100% for enhanced protection.
The Royal Decree Law 829/2013 regulates the Spanish Insolvency Public Register. The aim of this Law is to provide more transparency on public bankruptcy results and proceedings. This Register will collect information related to bankruptcy proceedings in Spain. This collection will provide public access to more accurate information about the entities involved in bankruptcy proceedings.
The Official Spanish State Bulletin (BOE) published the Royal Decree 892/2013, which regulates the Public Registry for Bankruptcy. This new Decree will allow banks, consumers, partners, and creditors to have …
The benefits of belonging to a group of companies are well known. The integration of companies within a group not only improves each of the companies’ competitive positions within their …
The express insolvency mechanism benefits debtors by cutting costs, eases the workload for mercantile courts, and prevents false satisfaction expectations for creditors. This is likely to result in a continued high number of insolvencies as debtors increasingly use this shortcut to obtain the entity’s death certificate.
To understand the so-called pre-bankruptcy process, consider the provisions of Article 5.1 of the Spanish Insolvency Law (IL). Under this Article, The debtor must request the declaration of insolvency within two …
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