Problemática concursal de la cancelación de cargas

Abstract

This paper analyzes the general regime for purging liens and encumbrances within the insolvency proceeding, as well as the scope to which the control that the registrar must deploy extends, once the judicial authority issues the corresponding cancellation order. Also examined, in light of concursal practice, are some of the specific cases to which the concursal judge's power to purge is extended, when the canceled real liens did not give rise to the recognition of a special privilege in favor of its holder. The last part of the paper is dedicated to the new regime for the exoneration of unsatisfied liabilities, introduced by Law 16/2022, and studies the way in which the release of debts affects the cancellation of those liens and encumbrances.