Bankruptcy
Insolvency liability of the natural and legal person
The legal and natural person go hand in hand. This is why we ask ourselves: Is the natural person, representing a legal person, affected by the qualification of the Bankruptcy…
The Dutch Scheme
Introduction On June 20th 2019, Directive 2019/1023 of the European Parliament and of the Council was published. This directive deals with frameworks for preventive restructuring and debt relief. Once published,…
Non-compliance with accounting duties
Failure to comply with accounting duties is the most analyzed behavior in bankruptcy qualification pieces. Here we briefly explain the typology and the last position of the Supreme Court
List of Payments of the Bankruptcy Credits
The first in the order of collection are credits against the estate. They are regulated in article 154.2 of the Bankruptcy Law (LC). Goods and rights that are not subject…
Relevant accounting irregularities
Accounting irregularities are those that do not allow the financial or asset situation to be understood or known. In other words, the accounting irregularity has to be of such a…
Plurality of creditors as a requirement for the declaration of a bankruptcy procedure
A plurality of creditors is a mandatory requirement for the declaration of a bankruptcy procedure. A company with only one creditor cannot be declared bankrupt or in a bankruptcy procedure.
How do you sue a liquidated company? 4 Judgments and 1 Funeral
How do you sue a liquidated company? Both natural persons and legal entities (companies) can incur debts. Unlike natural persons who cannot be liquidated or extinguished, legal persons can be…
Purchase of Real Estate in a Bankruptcy Procedure
This article comments on one aspect of a recent Spanish Supreme Court ruling. This ruling questions the sphere of control of the Property Registry in the acquisition of real estate…
The Express Bankruptcy Procedure
The consequences of this Express Bankruptcy Procedure vary depending on whether we are dealing with a natural persono r a legal entity.
Bankruptcy procedure and legal remedies
For the purposes of this entry, the legislative technique does not provide much. Here we will analyze which legal remedies can be asked for in a bankruptcy procedure.
