Insolvency & Restructuring, Spain, Augusta Abogados updates

Composition of active mass: valuation of goods and rights
Augusta Abogados
  • Spain
  • 14 May 2021

Under the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of an insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article discusses the valuation of goods and rights included in the inventory.

Composition of active mass: description of goods and rights
Augusta Abogados
  • Spain
  • 07 May 2021

Under Article 198 et seq of the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article discusses the inclusion of certain goods and rights in the inventory.

Composition of active mass: inventory of goods and rights – special cases
Augusta Abogados
  • Spain
  • 30 April 2021

Under the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article examines special cases regarding the composition of the inventory of goods and rights.

Composition of active mass: inventory of goods and rights
Augusta Abogados
  • Spain
  • 23 April 2021

The Consolidated Text of the Bankruptcy Law introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired before the conclusion of the bankruptcy proceedings. This article examines the inventory of goods and rights included in the active mass, which must be prepared by the bankruptcy administration.

Composition of active mass under TRLC – case law
Augusta Abogados
  • Spain
  • 16 April 2021

Article 192 of the Consolidated Text of the Bankruptcy Law (TRLC) introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired before the conclusion of the bankruptcy proceedings. This article examines notable case law on the composition of the active mass under the TRLC

Composition of active mass under TRLC
Augusta Abogados
  • Spain
  • 09 April 2021

The Consolidated Text of the Bankruptcy Law introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired until the conclusion of the bankruptcy proceedings. This article sets out which assets and rights are included in and excluded from the active mass.

New insolvency and restructuring measures due to COVID-19 pandemic
Augusta Abogados
  • Spain
  • 15 January 2021

Due to the continuation of the COVID-19 pandemic, the government has approved Royal Decree-Law 34/2020 on urgent measures to support business solvency and the energy sector in tax matters (RDL 34/2020). RDL 34/2020 affects the solvency support available to companies and introduces new, urgent measures in the finance and insolvency sectors. This article summarises these measures.

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