Post by account_disabled on Feb 22, 2024 1:23:45 GMT -5
In his opinion, “ Commercial judges are being key in the development of this new regulation .” They are, as expected, doing their best by applying the law and trying to resolve the gaps that exist. They are highly trained professionals who dictate their resolutions trying to interpret the spirit of the law and act in favor of the most disadvantaged people, in this case natural persons.”
Yvonne Pavía , president of the ICAB Insolvency Observatory of Natural Persons, member of the CGAE bankruptcy subcommittee, partner of AEMPI and her office Pavía Concursalistas, believes that the reform promoted by law 16/2022 has generated restrictions in the Second Chance application.
As an objective fact, it observes the greater Cayman Island WhatsApp Number application of the Second Chance Law, which has increased significantly. “ From the 1,721 personal bankruptcy proceedings in 2022, we have increased to 4,679 in the second quarter of 2023. ” It has grown, but we are still below countries like Germany or France in this activity. That means this Second Chance Act of 2015 is better known now.”
Regarding the reform introduced by Law 16/2022, he believes that “it can be improved, it has gone backwards in its application.” “ There are different interpretations by judges about the Second Chance , especially because they do not interpret it as a citizen's right. This has caused four preliminary questions to have already been presented . It will be the CJEU that will have to resolve three latent problems. One of them is the barrier that prevents people who have a serious administrative sanction from accessing this Right to a Second Chance.”
In this context, Pavía recalls that “there is a preliminary question raised by Commercial Court 10 of Barcelona. We will have to see what the CJEU answers. This prevented access to the Second Chance benefit due to a pending payment of an administrative penalty of 500 euros. This payment would not allow this businessman to continue advancing in his exoneration.”
Yvonne Pavía , president of the ICAB Insolvency Observatory of Natural Persons, member of the CGAE bankruptcy subcommittee, partner of AEMPI and her office Pavía Concursalistas, believes that the reform promoted by law 16/2022 has generated restrictions in the Second Chance application.
As an objective fact, it observes the greater Cayman Island WhatsApp Number application of the Second Chance Law, which has increased significantly. “ From the 1,721 personal bankruptcy proceedings in 2022, we have increased to 4,679 in the second quarter of 2023. ” It has grown, but we are still below countries like Germany or France in this activity. That means this Second Chance Act of 2015 is better known now.”
Regarding the reform introduced by Law 16/2022, he believes that “it can be improved, it has gone backwards in its application.” “ There are different interpretations by judges about the Second Chance , especially because they do not interpret it as a citizen's right. This has caused four preliminary questions to have already been presented . It will be the CJEU that will have to resolve three latent problems. One of them is the barrier that prevents people who have a serious administrative sanction from accessing this Right to a Second Chance.”
In this context, Pavía recalls that “there is a preliminary question raised by Commercial Court 10 of Barcelona. We will have to see what the CJEU answers. This prevented access to the Second Chance benefit due to a pending payment of an administrative penalty of 500 euros. This payment would not allow this businessman to continue advancing in his exoneration.”