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The proposals have been presented to the Ministry of Justice, within the framework of the open consultation on the occasion of the work of transposition into Spanish law of Directive 2019/1023 (EU) on Preventive Restructuring and Debt Exemption . Among the proposals presented, the request for exoneration of Treasury and Social Security debts, that guarantees provided by family members can be released, and measures to suspend or prevent evictions stand out. The Second Chance was introduced in Spain in 2015, as an instrument for the release of debts for indebted individuals. It provided a solution to situations of permanent insolvency, previously non-existent in Spanish law. These situations of chronic ruin had increased exponentially among both employees and the self-employed and small business owners as a result of the 2008 crisis . Through a variant of the bankruptcy proceedings (the so-called “Extrajudicial Payment Agreement”), it was intended that natural persons could rejoin economic life having wiped the slate clean with their debts, through an agile and efficient process.
However, the implementation of the Second Chance is generally considered to have been a relative failure . The serious deficiencies and gaps in the law, the widespread lack of knowledge of the regulations, and the limitations on debt exoneration, have meant that it is still a WhatsApp Number List relatively little-known channel and suitable for profiles that are sometimes too limited. Main proposals The ASUFIN proposals, prepared by Prof. Fidalgo based on his academic and practical experience on Second Chance procedures, seek to address some of the most important deficiencies in the regulations. Some of the proposals are: Lifting of embargoes and suspension of executions from the moment the file begins , especially when the executions are aimed at the debtor's habitual residence, to avoid premature and abusive evictions. Simplification of procedures , with unification of ways to start the file (always before a Notary) and judicial processing (always before the more specialized Commercial Courts).
Mandatory fixing of food for debtors in the bankruptcy proceedings derived from the Second Opportunity , which allow them to reasonably meet their personal and family subsistence needs, with clear criteria regarding the fixing of its amount. Extension of the exoneration of liabilities for debts with the Treasury and Social Security , in line with the jurisprudence of the Court of Justice of the European Union and the proposals of the Directive. Release of guarantees provided by close relatives . Establishment of specific coercive measures to force creditors and defaulter files to immediately comply with the exoneration of debts . The proposals seek not only that the reform in progress adequately transposes the guidelines of the Directive, but also that the most serious shortcomings of the Second Chance regime are addressed, as have been revealed in recent years.
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发表于 2023-11-29 14:43:14