Los fallos de sistema en el nuevo régimen de la exoneración del pasivo insatisfecho

Abstract

In this article, Judge Nuria Fachal analyzes the Spanish bankruptcy landscape following the reform of the TRLConc by Law 16/22. The author delves into the contrast of judicial resolutions emerging from different courts, depending on the type of debtor. Particularly, she directs a concerned gaze towards what is happening with natural person insolvency proceedings. Additionally, she provides solutions to prevent abuse in the conduct of debtors who request the so called insolvency proceeding "without assets", as a means to obtain discharge. Finally, she also examines the liquidation of jointly owned assets as a preliminary step to granting discharge.