Post by account_disabled on Mar 13, 2024 0:20:36 GMT -5
In this context, Escolà points out that “in some judicial places such as Zaragoza or León, among others, the judges are being very demanding and are denying the exoneration because they consider that there was reckless indebtedness of the debtor when they do not explain very well the purpose of certain loans. , or they consider that it is irresponsible debt.”
Likewise, the expert affirms that the law already DJ USA includes this figure of reckless or negligent debt, but that it is necessary to see what is really understood by negligent debt. “We cannot forget that the Second Chance must be seen as a right, so the exception to the exoneration should be linked to a very serious fault, not simply serious or minor . The resolution of the Court of Justice of the European Union on the preliminary ruling raised by the Commercial Court 10 of Barcelona will shed a lot of light on this issue .
In the aforementioned preliminary ruling, formalized in the order of May 2, 2023, the European Court is asked what type of fault there must be to prevent said exoneration of the natural person. If a penalty of about 500 euros is sufficient, as is the case on which said preliminary ruling is based, to prevent the debtor from exonerating his liabilities. For this jurist “in matters related to the Second Chance there has been a step backwards with the reform. It is unacceptable that since one of the purposes of the transposition of the directive is to increase or encourage Second Chance, the Spanish legislator chooses to establish more entry barriers to the system that already existed. It seems like a contradiction and here the CJEU will have the last word.”
The CJEU will have to resolve preliminary questions on a second chance of the Provincial AD of Alicante and the commercial 10 of Barcelona (Photo: E&J)
Another issue that this School points out is that the Statute of the Bankruptcy Administrator has not yet been approved despite what Law 16/2022 indicated in a provision on its approval that “depending on how it is regulated, there will be more or fewer experts. But it is important to legally define the requirements to practice as such.”
Likewise, the expert affirms that the law already DJ USA includes this figure of reckless or negligent debt, but that it is necessary to see what is really understood by negligent debt. “We cannot forget that the Second Chance must be seen as a right, so the exception to the exoneration should be linked to a very serious fault, not simply serious or minor . The resolution of the Court of Justice of the European Union on the preliminary ruling raised by the Commercial Court 10 of Barcelona will shed a lot of light on this issue .
In the aforementioned preliminary ruling, formalized in the order of May 2, 2023, the European Court is asked what type of fault there must be to prevent said exoneration of the natural person. If a penalty of about 500 euros is sufficient, as is the case on which said preliminary ruling is based, to prevent the debtor from exonerating his liabilities. For this jurist “in matters related to the Second Chance there has been a step backwards with the reform. It is unacceptable that since one of the purposes of the transposition of the directive is to increase or encourage Second Chance, the Spanish legislator chooses to establish more entry barriers to the system that already existed. It seems like a contradiction and here the CJEU will have the last word.”
The CJEU will have to resolve preliminary questions on a second chance of the Provincial AD of Alicante and the commercial 10 of Barcelona (Photo: E&J)
Another issue that this School points out is that the Statute of the Bankruptcy Administrator has not yet been approved despite what Law 16/2022 indicated in a provision on its approval that “depending on how it is regulated, there will be more or fewer experts. But it is important to legally define the requirements to practice as such.”