El «modelo» de administración concursal acogido en la ley concursal

Résumé

Between the numerous novelties in the Spanish Bankruptcy Act, this paper is focused in the Administration, and more specifically, in its model and in the analysis of the results that the enforcement shows after six years of coming into force. It can be sustained that the decision about the legal model contributes to the success of the bankruptcy proceeding. Between the different options about the organization of bankruptcy administration, namely, public servant trustee, professional insolvency trustee, no professional trustee, or not specific requirements for administration, the Bankruptcy Act chooses a peculiar system that, except the presence of a creditor could be defined as «professional trustees», but not professional about insolvency issues. The practical experience of the bankruptcy administration shows a disappointing result, taking into account that the expectations placed on it has been mainly dashed.