Post by account_disabled on Jan 17, 2024 2:10:34 GMT -5
Failure to comply with the duties of collaboration and information constitutes the fifth impediment to access to the exoneration of unsatisfied liabilities. There are six impediments that make debt forgiveness unattainable , and following the thread of the previous ones, we are one step away from completing the analysis of article 487.1 of the TRLC. The legislator, by stating these non-incurrence requirements, limits the evaluation of the good faith of the bankrupt . Therefore, like all the others previously analyzed, this impediment revolves around the debtor's good work, good faith. 487.1 5th of Law 16/2022, reforming the Consolidated Text of the Bankruptcy Law, establishes the following: “The debtor who has failed to comply with the duties of collaboration and informa.
tion with respect to the bankruptcy judge may not obtain exoneration of unsatisfied liabilities. and the bankruptcy administration.” We rate the relevance of this requirement as indisputable. The debtor, for his own convenience, must contr Whatsapp Number List ibute, in the interest of the bankruptcy, to its good outcome and, to this end, cooperation with the agents supervising the procedure is essential . Now, what does this cooperation consist of? The provision under analysis only transcribes “ duties of collaboration and information ” in a general way. We must go further to complete its study. This provision should be related to article 135 of the same TRLC, which details the following: “The bankrupt natural person and the administrators or liquidators of the bankrupt legal entity and .
those who have held these positions within the two years prior to the declaration of bankruptcy have the duty to appear personally before the court and before the bankruptcy administration as many times as required and to collaborate and inform in everything necessary or convenient for the interest of the bankruptcy. The debtor must previously provide information , since at the time they request to initiate the bankruptcy proceedings they outline their insolvency situation by providing the documents required by law. But, in short, collaboration also implies appearance , which means that, if required by the judge or the bankruptcy administrator (if appointed), the debtor must appear to attend to their request. For practical purposes, these duties translate into the provision of documents that reflect a true image of your financial situation and the reasons for your insolvency. Which may consist of annual accounts, company minutes, journal, etc., (if they are legal entities), or documents governing tax returns. In conclusion, any related to property aspects of the bankrupt .
tion with respect to the bankruptcy judge may not obtain exoneration of unsatisfied liabilities. and the bankruptcy administration.” We rate the relevance of this requirement as indisputable. The debtor, for his own convenience, must contr Whatsapp Number List ibute, in the interest of the bankruptcy, to its good outcome and, to this end, cooperation with the agents supervising the procedure is essential . Now, what does this cooperation consist of? The provision under analysis only transcribes “ duties of collaboration and information ” in a general way. We must go further to complete its study. This provision should be related to article 135 of the same TRLC, which details the following: “The bankrupt natural person and the administrators or liquidators of the bankrupt legal entity and .
those who have held these positions within the two years prior to the declaration of bankruptcy have the duty to appear personally before the court and before the bankruptcy administration as many times as required and to collaborate and inform in everything necessary or convenient for the interest of the bankruptcy. The debtor must previously provide information , since at the time they request to initiate the bankruptcy proceedings they outline their insolvency situation by providing the documents required by law. But, in short, collaboration also implies appearance , which means that, if required by the judge or the bankruptcy administrator (if appointed), the debtor must appear to attend to their request. For practical purposes, these duties translate into the provision of documents that reflect a true image of your financial situation and the reasons for your insolvency. Which may consist of annual accounts, company minutes, journal, etc., (if they are legal entities), or documents governing tax returns. In conclusion, any related to property aspects of the bankrupt .