Comentario al Proyecto de Ley de Reforma del Texto Refundido de la Ley Concursal

Resumo

The Restated Insolvency Act, approved by Royal Legislative-Decree 1/2020, of 5 May, is going to be amended because of the compulsory transposition of Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt. The Spanish cabinet, in a meeting dated 21st of December of 2021, approved the bill related to the amendment of the insolvency proceedings. This bill introduces relevant changes. It tries to strengthen the scope related to pre-insolvency, introducing restructuring plans (book II), and a specific process for micro-enterprises (book III). The present article tries to highlight and value the more relevant novelties regarding this bill. Concretely, the ones related to book I (insolvency proceedings).