Las deudas con garantía real en la exoneración del pasivo insatisfecho

Abstract

This work analyzes how the regulation of the discharge of debt, after the reform introduced by Law 16/2022, affects the legal regime of real guarantees. Given the multidisciplinary nature of the bankruptcy proceedings, a variety of problems and issues arise in judicial practice that, in particular, connect with the regulation of real guarantees and the effects that the bankruptcy procedure produces on them. Throughout the next few pages, special attention will be paid to the treatment of secured credits and the position of their holders when the debtor obtains exoneration of unsatisfied debts. This work closes with a specific analysis for the cases in which there are assets assigned under financial lease or sold with an agreement for retention of title, taking into account the condition of exonerable liabilities of the credits coming from these contractual figures.