Post by account_disabled on Mar 12, 2024 21:20:30 GMT -8
Competitions for natural persons
This jurist clarifies that in relation to this procedure there is an issue that is not resolved and that each judicial party at the moment interprets it in a different way. “It is the issue of when in a bankruptcy of a natural person the 37 bis of bankruptcy without masses can be applied or we have to go to the microenterprise procedure.” Escolà considers that “The businessman who is not active at the time of submitting the procedure could go, if he does not have assets, through the aforementioned 37 bis of law 16/2022, but it is not clear . ” “In the courts of Barcelona the criterion is to go to this article but in Madrid it is obligatory to go to the special process for microenterprises. And there are arguments for each of the paths,” she says.
According to this lawyer, this different DJ USA interpretation is already reflected in the statistics. Indeed, "according to the data published by the College of Registrars, in the second quarter of 2023 in Madrid 29 special procedures have been initiated, while in Catalonia only 11, when it is known that in Catalonia the number of microenterprises is higher than in Madrid due to the type of industrial and economic fabric. The only explanation is that in Catalonia they turn more to art. 37 bis and the special process is only initiated when the debtor maintains the business activity by requesting the process.”
However, in his opinion, these different interpretations depending on the judicial party “are generating a lot of legal uncertainty. The problem is that the bankruptcy reform has left open issues and this is one of them. In the case of bankruptcy without mass of companies, if no one requests the appointment of a bankruptcy administrator, it is closed and there is no further course, but in the case of the businessman, he can opt for the exoneration of unsatisfied liabilities.
This jurist clarifies that in relation to this procedure there is an issue that is not resolved and that each judicial party at the moment interprets it in a different way. “It is the issue of when in a bankruptcy of a natural person the 37 bis of bankruptcy without masses can be applied or we have to go to the microenterprise procedure.” Escolà considers that “The businessman who is not active at the time of submitting the procedure could go, if he does not have assets, through the aforementioned 37 bis of law 16/2022, but it is not clear . ” “In the courts of Barcelona the criterion is to go to this article but in Madrid it is obligatory to go to the special process for microenterprises. And there are arguments for each of the paths,” she says.
According to this lawyer, this different DJ USA interpretation is already reflected in the statistics. Indeed, "according to the data published by the College of Registrars, in the second quarter of 2023 in Madrid 29 special procedures have been initiated, while in Catalonia only 11, when it is known that in Catalonia the number of microenterprises is higher than in Madrid due to the type of industrial and economic fabric. The only explanation is that in Catalonia they turn more to art. 37 bis and the special process is only initiated when the debtor maintains the business activity by requesting the process.”
However, in his opinion, these different interpretations depending on the judicial party “are generating a lot of legal uncertainty. The problem is that the bankruptcy reform has left open issues and this is one of them. In the case of bankruptcy without mass of companies, if no one requests the appointment of a bankruptcy administrator, it is closed and there is no further course, but in the case of the businessman, he can opt for the exoneration of unsatisfied liabilities.