Concursalistas experts guarantee bankruptcy, parliamentary reform and hoped they that stage of her richer and does not hinder its

Antonia Magdaleno, Director of partner disputes and bankruptcy lawyers Broseta rea; Cristina Jim nez, President of Fide Fundaci n; Antonio Fern ndez Rodriguez, partner of rea reestructuraci n and insolvency Garrigues; Agust n Bou, partner of the bankruptcy of Jausas and Carlos Pav n, Director of the bankruptcy Department of IureAbogados, the expert panel to petici n publicaci n DIARIOJURIDICO, wwww.diariojuridico.com digital on VLEX, preliminary analysis of the reform of bankruptcy laws have been submitted by the Government before his parliamentary tramitaci n. Everything they show that this reform is on the track as a contest at the stadium in reflotaci n enterprises, and not as grave as now happens. Praise, introducci n preconcursales mechanisms and momentum as shortcut as needing more profesionalizaci n administrator bankruptcy, a key figure in the contest.
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The JAUSAS experts appointed insolvency administrator Antonio Magdaleno contests, for example, Marsans and Fadesa. SE Ala from his point of view that Comisi n experts carried out the preliminary draft budget has done an excellent job. Customize legislaci n bankruptcy, created in 2004 in the poca bonanza in another context: recesi n econ mica in its profesionalizaci n la opinion n bankruptcy administraci n is essential to have a bankruptcy, wholesome, and several contests, which are good and which characters seg n ley met. In this sense, it seems to require l gico, some formaci n and previous activities of bankruptcy in connection with the exercise as an administrator in bankruptcy. Tambi n now think of the new structure of the professional public, when is a specialist for the efforts of many nen gripping contest is from my point of view very positive because adem s "is something that is est by de facto
About what may happen in parliamentary tr mite, Magdaleno hopes aid and adir add m s input and no hinder him or return dif cil or modify issues by text only pol pol ticos ticas or interests. think is on posici n discutir workers contest situaci n in the preliminary draft of the Stara protecci n this samegoMówi. The criterion of good con, that raises the 64 article culo a new reform is to establish that the procedures as '' har stop a moment and give neamente into the hands of a judge of the contest and administraci n bankruptcy, in such a way that the run up to that point. Other things, amending and thinking and is very positive is the fact that the law currently sets is negociaci n workers ERE llevar administraci n their own bankruptcy laws. In pr ctica this factor is extremely dif cil, especially when the competition is simply intervenci n, i.e. 90 per cent of cases, m s suspensi n
Opinion n Cristina Jim nez, President of Fide Fundaci n and one of the administrators of bankruptcy two Nozar indicates that reform is on the right track, though there are the drawings of our comparative law have not been introduced in this Act. Promotes the agreement between the creditors and employers. Adem s promotes shortcut when there is agreement of the advance, which means that the work of m s before the contest. subraya. From his point of view is very important that anticipate decisi n enter the contest as as negotiations with creditors. M s work is done prior to the contest: the supondr algae n agreement with creditors and that parallel to present a true all documentaci n employer what you can do in the picture as steady situaci n. puntualiza Jim nez
Keep the value of the company
Antonio Fern ndez Rodr guez, rea Refinanciaci n the partner and the Garrigues insolvency reform aims to answer market demand for the gift that requires our system modernizaci n bankruptcy. with his experience, the momentum of the shortcut is already in the current es legislaci n bankruptcy, one of the successes of the new procedures summarised extensi n za?o?eńProcesy streamlines and can help you do not enter the actual value of any visible is that the point was empresa short in algae n insolvency proceedings submitted to deteriorar an. For example, on the left of the institutes preconcursales refinanciaci n State approved contracts of the creditors in the true identity and is, with its realist reviews n small.
In this sense, se ala Fern ndez, that what you see in the street in which we are involved the refinancing is the largest creditors of financial mass are often of one kind or other privileges. Conduct of the con, which if refinanciaci n pending agreements will not extend these creditors really are not solving the problem than we gustar and resolved by introducci n this mechanism. but also, parliamentary tramitaci n draft. We should remember that sali Comisi n design experts and the homologaci n preve judicial, which was introduced in additional disposici n the fourth with the above-mentioned preliminary draft. See the view that, in this parliamentary tr mite become law be introduced new enhancements to try to standardise our system to other pa ses
VA in the right direction, the preliminary draft adopted by the manifest Gobierno Agust n Bou, bankruptcy and insolvency partner Manager Jausas competitions such as the Indus and Colonel Tapiocca Pero to think that they have fallen short in certain elements that need to be modified. Firstly, this reform does not enter rigor preconcursales institutes and deberá a, this has been done. The second element, which is very important, either within the meaning of the Convention: conventions for five and the os and has a distance of 50 per cent are unacceptable. Although this is not a reform is complicated to us, we can submit proposals for feasibility empresarial, explains. Progress in regulaci n administrator of insolvency are from his perspective. Is a good exercise, which makes searching more administraci n profesionalizaci n to bankruptcy. About especially when it speaks of the requirements from the perspective of formaci n and experience. CURR culum, required the administrator to take the ordinary procedures may have experience in brief proceedings. All these elements are very good. Despite this echo, is missing important elements, such as those related to identity and retribuci n bankruptcy, although in part m, nina, as happens in Francia
For his part, Carlos Pav n, Director of the bankruptcy Department IureAbogados, Lo, who performed now, with the preliminary draft budget is the development of certain agreements, known as refinanciaci n remove one of the problems we found in pre-negociaci (n) between the insolvency debtor and creditors and is unanimity and having to rely on the consent of all the creditors, explains. the requirement of unanimity or negotiating directly, one on one with each hac and the creditor, in many cases, the exemption does not contest the insolvent tambi n ra with were covered with refinancing and all kinds of situations, preconcursales. The Office believes that the reform, if it wants to bring the la something m s of what we at the legislative level. Direcci n lies in good, although we believe that it is not enough. Requerir and, further, but it is clear that many interests converge in insolvency proceedings. We believe that not enough cheese for situaci n econom and was corrected.