About the assets of the bankrupt after bankruptcy decreed
, is the practice court administration to petition the bankruptcy of a debtor to obtain the individual perception of credit, even if the procedure is to theoretically determine the default state of the alleged failure.
This approach has some benefits compared to the individual pursuit of credit.
In this sense, the costs are noticeably lower court in relation to executive action or regular process, which in many cases justifies their choice in the absence of registrable assets of the debtor.
Moreover, the procedure falencial produces a more coercive, taking into account the consequences disvaliciosas causing the debtor in commercial activity the beginning of a trial of these characteristics (eg, bad credit rating) and the fear that is enacted bankruptcy.
Now, although we can persuade the debtor to the citation in this process 1 , this cancels the obligation which is charged your default, you have to keep in mind that if it does not, the process will lead to the insolvency.
is why, it is of vital importance to know in advance the bankruptcy filing, in which the debtor has assets and which of these falencial integrated mass, ie "the state of liquidity" of it.
Identical analysis will be made after the initiation of judicial action, to choose whether to continue a hard bargain with the debtor or go to the next phase established in the procedure.
other words, the study of the composition of the debtor's assets will allow us know that real answer in case the debtor will be declared bankrupt.
First, we must say that bankruptcy occurs the divestment of failed - who has been declared bankrupt - From that moment and until it is restored.
The "divestment" is the loss of a failed administration - the which will be the responsibility of the trustee - and the availability of their goods, but does not lose his property, and that will keep the remainder - if any - then paid to all creditors and bankruptcy expenses.
In the case of a married person, the failed only responds to the separate property and marital administration.
The exception to the rule is that u No spouse responds with the fruits of their own assets and the fruits of the matrimonial assets to manage (eg rent for leases of real estate owned) for the obligations of the other when they were to meet household needs for the education of children or for the maintenance of common property, ie both 2 .
other hand, are outside the divestment, among others, non-property rights (eg issues relating to family law) indefeasible property (ie, those essential to a decent life), compensation for material or moral damage to your person (ie injuries resulting from a traffic accident) and property subject to trust arrangements.
Finally, the debts until rehabilitated this may lead to new competition, which only include the remaining assets of the liquidation produced in the first bankruptcy and those acquired after their rehabilitation 3.
In conclusion, prior to choosing the persecution by the bankruptcy filing or a negotiation in the framework of this process, it is advisable to make a rigorous analysis of following issues:
1) Existence of the debtor and if so which of them could form a future falencial mass under the system established in the Bankruptcy Law and Bankruptcy.
2) Effect the bankruptcy petition or bankruptcy order could produce the debtor in the commercial sector.
1 Section 84 Law No. 24,522
2 Article 6 Law 11357.
3 "The Article 104 of Law No. 24,522 provides that debts incurred while the debtor is restored (which happens on the species) may lead to new competition, which only include the remaining assets after the liquidation of the bankruptcy and discharge the acquired distribution and post-rehab. " Pisano, Norberto Alfredo c / Bonnaterre, Daniel Angel s / executive "- CNCOM - ROOM E - 27/06/2008
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