Personal insolvency proceedings have become a key pillar of the Spanish insolvency framework following the 2022 reform, particularly in connection with the second chance mechanism.
Their proper application requires a rigorous technical analysis of their effects, limits and risks, both from the perspective of the good-faith debtor and the adequate protection of creditors. This debate is especially relevant in cases involving “no-asset” insolvency proceedings, where some of the main tensions of the current model are concentrated.
In an article published in El Derecho, Alicia Díaz, Associate in the Restructuring & Insolvency team at Kepler-Karst, provides an in-depth analysis of the main areas of abuse and fraud identified in practice, as well as specific proposals aimed at strengthening control mechanisms and legal certainty within the system.
Read the full article here.
Access the Spanish version here.
