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Contestability of refinancing agreements under insolvency proceedings after RD Act 4/2014

icon 4 de abril, 2014
I. Non-homologated qualified majority refinancing agreements
Arbitrary differences
1. As far as I can see, it makes no sense that a refinancing agreement homologated (court-sanctioned) under the 4th additional provision or an administered out-of-court -settlement under art. 236(2) of the Insolvency Act (IA) may contain a discharge through delivery of property in lieu of payment, whereas a non-homologated qualified majority refinancing agreement may not have any such content. No less absurd is that a composition of creditors under art. 100 IA (outdated after the 2014 reform) has to continue being an instrument to rescue a company as a going concern.

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Autor/es

Ángel Carrasco – Consejero Académico

Tipología

Análisis