The
Government
has stepped up the accelerator to squeeze through the parliamentary procedures and get
the new bankruptcy law approved
before
June 30
, in order to achieve a double objective: not having to extend the bankruptcy moratorium again and, at the same time, prevent there is a flurry of contests.
As EL MUNDO has learned from parliamentary sources, the socialist group in Congress has set a
session this Tuesday
in which a
presentation
will be made on how the Bankruptcy Law Reform Bill is left after the incorporation of amendments and a
second session
on
Wednesday afternoon.
The
following week
-coinciding with the elections in Andalusia on Sunday 19- the
vote on the Law will be held in the Justice Commission
and the week of June 20-26 the
final debate will be held in plenary
, so if everything goes according to plan, it will give time to have
the law approved before June 30.
Sources from the
Ministry of Economic Affairs
confirm to this medium that the Government's objective is to make
the end of the bankruptcy moratorium coincide
-which exempted companies from the obligation to present bankruptcy- with the entry into force of the new law, which seems leave open the possibility of a new extension in case the parliamentary process is not completed.
"
The objective is to match
the completion of the extension with the approval of the new Bankruptcy Law that is finalizing its processing in Congress," they settle, and recall that "
the whole month of June remains
."
Given the few days of sessions that remain in Congress before the summer holidays, the Executive has concentrated all the procedures to ensure that it gives time.
The parliamentary process of this law began on
March 1
of this year, when the technical secretary general of the Ministry of Justice, Jacobo Fernández, gave the starting signal by exposing the main novelties and contents of the bankruptcy law.
The parliamentary groups filed a total of
607 amendments
, as this newspaper already reported.
When the bankruptcy moratorium expires,
the obligation to declare
bankruptcy for all those companies in a situation of
insolvency
is reinstated , hence many experts foresee a barrage of bankruptcy to follow.
However, others point out that
the new law and the times will prevent such an increase,
which is why the Executive has wanted to make both things coincide.
On the one hand, the objective of the new regulation is precisely
to promote agreements
between debtors and creditors
before bankruptcy is declared
, which ultimately means that fewer bankruptcy proceedings could be expected than there would have been under the previous regulation. .
In addition, there is a
period of two months
from when the administrator of a company detects a situation of insolvency in which they can request bankruptcy, so if the rule comes into force in July, it is foreseeable that the first movements will not be seen until
September
, since August is a month of very little administrative activity.
All the experts consulted by this means cite the "back to school" as the key date to begin to see how the productive fabric evolves and believe that the increase in any case will be gradual.
From the
RZS Lawyers
firm they believe that "in the coming months we will see an increase in the requests for voluntary bankruptcy" by the administrators who have postponed this decision and also recall that creditors who are experiencing non-payment will be able to request the necessary bankruptcy again by own initiative.
"All the companies and businessmen affected in order to try to avoid the responsibility of their administrators will have no other option than to request their insolvency proceedings during the coming months," agree from the
Abencys Restructuring
office .
The new law seeks to reduce contests
The new standard has four main axes.
The first of these revolves around
restructuring plans
, which will replace refinancing agreements and will make it easier for viable debtor companies to avoid or emerge from insolvency with little or no need for judicial intervention.
This in turn seeks to avoid collapse in the courts.
The second block includes new rules related to the request for bankruptcy, such as one that regulates the possibility of presenting a
purchase offer for one or several productive units
of the company in order to pay off debts.
It is something that in practice was being accepted in the courts, but that was not regulated by law and will prevent many companies from ending up in bankruptcy if they manage to sell part of them first and pay off their debt.
In addition, the deadlines for the declaration of voluntary insolvency and for the processing of the request for declaration of necessary insolvency are reduced.
A third axis of the law introduces a
new special bankruptcy procedure for micro
-SMEs , which seeks to be "abbreviated, simple, fast and flexible" and in principle will be carried out electronically.
"The main purpose is to reduce procedural costs through a structural procedural simplification with respect to the general regime, focused on
eliminating procedures that are not necessary
, limiting the mandatory participation of professionals and institutions to the essential minimum and articulating communication within the procedure through
official forms accessible by electronic means and free of
charge", explained the Ministry of Justice.
Some administrators, however, have questioned whether the Ministry has deployed
the necessary investment for this digital mechanism to work
.
If it becomes operational, the Ministry hopes that the number of contests for micro-SMEs will be reduced as much as possible.
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