Post by account_disabled on Feb 15, 2024 1:13:59 GMT -6
On the eve of the extraordinary General Assembly of the Spanish Association of Women Insolvency Professionals. (AEMPI) that will take place tomorrow, Wednesday at the Genova Financial Club, three experts such as the jurists Dolores Alemany , Yvonne Pavia and Virginia Jiménez , analyze the bankruptcy reform promoted since Law 16/2022, which is now one year old.
Alemany, lawyer, one of the leaders in restructuring and of counsel for this practice at BDO Abogados, assumes the presidency of AEMPI at the next General Assembly. In statements to Economist & Jurist she explained what her management at the head of this entity was going to be like.
For this expert, “ the balance that can be made of the bankruptcy law , after its first year of life, is that there are still many issues to be implemented in Egypt Email List the law .” This law, not being complete, has generated some dissensions that we already know about. In some aspects, judges do not achieve uniform application, but it is a problem of the law, not of the judges themselves.”
In his opinion, “ it would be interesting to tweak the rule , which must take into account the new proposal for a directive that will also have to be tweaked . It can be used to regulate these dissents. This is the case of microbusiness platforms, both the one in Book III such as the auction of assets that are unfinished or on individuals who have significantly restricted the use of the Second Chance among other issues.”
This has generated that the judges “as Economist & Jurist has pointed out, questions of constitutionality have been raised, as well as some prejudicial questions .” Another key element is that the Bankruptcy Administrator's Regulations have not yet been approved . Regarding the restructuring plans, they are working, although at the moment barely a hundred have been approved in our country.”
Regarding this new figure promoted by Law 16/2022, he states that “ it is a useful instrument to safeguard many companies that are in crisis , but we have encountered some issues that we do not know if they respond to the spirit of the law. In the case of the restructuring of Single Home , those who were dragged along were the partners, creditors subordinated to a very majority liability.”
From his point of view, “ these restructuring plans work , they are being progressively extended to medium-sized companies, with the support of the banks that are accepting them. The consensual ones are being simple , although there is always some dissident because you can never have one hundred percent of a passive, but you have to look for majorities. If this does not happen, judicial battles will occur that I believe the current law is not prepared to give an adequate solution to.
Alemany, lawyer, one of the leaders in restructuring and of counsel for this practice at BDO Abogados, assumes the presidency of AEMPI at the next General Assembly. In statements to Economist & Jurist she explained what her management at the head of this entity was going to be like.
For this expert, “ the balance that can be made of the bankruptcy law , after its first year of life, is that there are still many issues to be implemented in Egypt Email List the law .” This law, not being complete, has generated some dissensions that we already know about. In some aspects, judges do not achieve uniform application, but it is a problem of the law, not of the judges themselves.”
In his opinion, “ it would be interesting to tweak the rule , which must take into account the new proposal for a directive that will also have to be tweaked . It can be used to regulate these dissents. This is the case of microbusiness platforms, both the one in Book III such as the auction of assets that are unfinished or on individuals who have significantly restricted the use of the Second Chance among other issues.”
This has generated that the judges “as Economist & Jurist has pointed out, questions of constitutionality have been raised, as well as some prejudicial questions .” Another key element is that the Bankruptcy Administrator's Regulations have not yet been approved . Regarding the restructuring plans, they are working, although at the moment barely a hundred have been approved in our country.”
Regarding this new figure promoted by Law 16/2022, he states that “ it is a useful instrument to safeguard many companies that are in crisis , but we have encountered some issues that we do not know if they respond to the spirit of the law. In the case of the restructuring of Single Home , those who were dragged along were the partners, creditors subordinated to a very majority liability.”
From his point of view, “ these restructuring plans work , they are being progressively extended to medium-sized companies, with the support of the banks that are accepting them. The consensual ones are being simple , although there is always some dissident because you can never have one hundred percent of a passive, but you have to look for majorities. If this does not happen, judicial battles will occur that I believe the current law is not prepared to give an adequate solution to.