Podcast - Analysis of the SPECIAL AGREEMENT ON CONSECUTIVE INSOLVENCY WITHOUT MASS, approved by the Barcelona Com

Episode directed by Jesús Redondo. Lawyer of Lener’s restructuring department.

An analysis is made of the project prepared by the commercial judges of Barcelona, which seeks to arbitrate a quick resolution process for insolvency proceedings without active mass, aimed at achieving the exoneration of unsatisfied liabilities. Specifically, we analyze: (i) the cases in which we can consider that we are facing a consecutive insolvency proceeding without active mass; (ii) the requirements and mentions that the request of the insolvency mediator must meet; and (iii) the peculiarities of the order of declaration of insolvency that must be issued by the insolvency judge.

Undoubtedly, this is a procedure (the processing of insolvency proceedings without active mass) which, given the current health crisis, will be quite common in the Spanish commercial courts. For this reason, I consider it essential that, as the Barcelona commercial judges have done, univocal procedural guidelines be established to expedite its processing and favor its rapid conclusion.

Publiseh in Legal Today, (Thomson Reuters). Play in Legal Today web.