Solicitud de concurso con oferta de adquisición de unidades productivas y ventas “prepack” en la proyectada reforma concursal
The purpose of this article is to provide some remarks on the rules relating the application for the opening of bankruptcy with an offer to acquire business units and the appointment of an expert to collect offers in the draft reform of the consolidated Text of the Bankruptcy Law. The explanatory me...
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| Formato: | artículo |
| Fecha de publicación: | 2022 |
| País: | España |
| Recursos: | Universidad de Castilla-La Mancha |
| Repositorio: | RUIdeRA. Repositorio Institucional de la UCLM |
| OAI Identifier: | oai:ruidera.uclm.es:10578/43122 |
| Acesso em linha: | https://hdl.handle.net/10578/43122 |
| Access Level: | acceso abierto |
| Palavra-chave: | Application for the opening of bankruptcy Business units Early bankruptcy sales Prepack sales Reforma del TRLC Solicitud de concurso Spanish Bankruptcy Law Reform Unidades productivas Ventas concursales anticipadas Ventas prepack |
| Resumo: | The purpose of this article is to provide some remarks on the rules relating the application for the opening of bankruptcy with an offer to acquire business units and the appointment of an expert to collect offers in the draft reform of the consolidated Text of the Bankruptcy Law. The explanatory memorandum of the draft law assimilates these rules with the pre-pack administration. As a preliminary step, it is taken into consideration the comparative experience of those jurisdictions where the practice of pre-pack sales has enjoyed greater success. Attention is also paid to the current situation of the Spanish Law regarding early sales of business units, of which pre-pack sales are part, thus lacking, for the moment, of regulation in Spain. The article also deals with the Spanish judicial practice, with particular reference to the pre-pack protocols of Juzgados Mercantiles of Barcelona and Baleares. After having approached to the draft reform, it is concluded that the reform does not foresees, strictly speaking, a route specifically designed for prepack sales of business units in Spain. |
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