New extension of the bankruptcy moratorium until December 31, 2021
New extension of the bankruptcy moratorium until December 31, 2021 Introduction On March 13, 2021, the
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State of alarm for COVID-19
The privilege of public credit in bankruptcy and pre-bankruptcy
The privilege of public credit in bankruptcy and pre-bankruptcy Public credit, the benefit of exoneration of unsatisfied liabilities (Second Chance Law) and the suspension of singular executions in the pre-bankruptcy: current regulation in the Bankruptcy Law. Already before the approval of the Royal Legislative Decree 1/2020, of May 5, which approves the consolidated text of
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Separation of partners in companies declared bankrupt
Separation of partners in companies declared bankrupt The right of separation of partners in companies declared bankruptcy In this article we will study the repercussions of the Supreme Court Judgment nº4/2021, of January 15 (Rec. 2424/2018), since This has clarified the criteria to be followed with reference to the partner’s right of separation in companies
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Restructuring of the company as an alternative to bankruptcy
Restructuring of the company as an alternative to bankruptcy The economic downturn caused by the COVID-19 crisis has placed many companies in insolvency situations that require swift action to achieve company viability. Spanish regulations offer alternatives to ensure the survival of the business, being in any case necessary a good previous study of the situation
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What type of bankruptcy exists and how are they declared?
What type of bankruptcy exists and how are they declared? Although the bankruptcy can lead to the closure and liquidation of the company after a situation of lack of liquidity, if requested on time, it does not have to mean the certificate of death of the business but one more tool offered by the Spanish
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liquidate a company What is and how to liquidate a commercial company
liquidate a company What is and how to liquidate a commercial company What is a company? If we had to define what a company is in a simple, clear and not so technical way, we could take into account the definition of the economist Sanchez Galán: “A company is an organization of people and resources
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Avoid bankruptcy in the hotel sector
Avoid bankruptcy in the hotel sector Introduction Hotels are businesses seriously affected by the Covid-19 pandemic, just like other establishments in the tourism sector. The lack of mobility caused by the social alert in general, and by the restrictions imposed by the administrations in particular, caused a sudden decrease in social displacements and in the
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Are the courts exonerating credits of a public nature after the reform of the Bankruptcy Law?
Are the courts exonerating credits of a public nature after the reform of the Bankruptcy Law? For years there has been a wide controversy regarding the applicability of the Dissatisfied Liability Exemption Benefit (BEPI) or, as it is commonly known, “Second Chance< /strong>”, to public law debts, that is, those that the debtor maintains with
Second Chance Law for Entrepreneurs
Can entrepreneurs get a second chance in the face of business failure? The second chance of the entrepreneur strong> consists of an out-of-court negotiation procedure between the debtor businessman and his creditors, in order to reach an understanding on the form of payment that can benefit both parties without impoverishing the debtor. This understanding will
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How is a second chance procedure or BEPI processed?
How is a second chance procedure or BEPI processed? How is a second chance procedure processed according to RD 1/2020, consolidated text of the bankruptcy law? Budgets to obtain the Second Chance or BEPI The basic budget on which depends what is commonly known as Second Chance or, as scientific doctrine calls it, BEPI (Unsatisfied
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