En January 2023, Fide formed the working group: Bankruptcy Administration Statute, con el objetivo de study ways to improve the efficiency of the bankruptcy system through its professionalization.
For this, it is essential to clarify, regulate and harmonize the rights and obligations of the bankruptcy administration. The essential role of the bankruptcy administration must be recognized for a correct and satisfactory development of the bankruptcy process.
As established by the Ministry of Justice in the public consultation on the Royal Decree by which the Bankruptcy Administration Regulations are developed, The fundamental objective of the standard is to regulate the requirements for access to the activity of the bankruptcy administration, the appointment and designation of the bankruptcy administration and its remuneration based on the criteria established in the consolidated text of the Bankruptcy Law, without forgetting the regulation of the transitory regime necessary for a full adaptation to the current regulations.
The configuration of the bankruptcy administration must respond to a an organized model in which different sufficiently qualified professionals provide their services efficiently and with guarantees, as stated in the aforementioned document from the Ministry of Justice.
Find below the document improvement proposals of the bankruptcy system.
The presentation of the document took place on June 27.
Have participated in this working group:
- Ignacio Alonso-Cuevillas Fortuny, Partner of Pasqual & Marzo Abogados
- Alexandra Borrallo Veiga, Partner of KPMG Abogados. GT Rapporteur
- Miguel Coca Prat, Auditor Economist, Bankruptcy Administrator.
- Gregory of the Morena, Lawyer, DLM Insolvia
- Ramon Fernandez-Aceytuno, Managing Partner of the Litigation, Insolvency and Arbitration Area of Ramón y Cajal Abogados
- Jose Maria Fernandez-Seijo, Magistrate of the Mercantile Court number 11 of Barcelona. GT Academic Coordinator
- Olga Forner, Head of the Bankruptcy Law area of the Marimón Abogados group. GT Academic Coordinator
- Jose Antonio Garcia-Argudo, Auren's Partner
- Xavier Garcia Esteve, Lawyer, Financial Analyst, Insolvency Administrator. General Director at PLUTA Lawyers and Bankruptcy Administrators.
- Jose Ramon Garcia Vicente, Lawyer Technical Cabinet of the Supreme Court, Civil Chamber
- Cristina Jimenez Savurido, President of Fide. Judge on leave
- Luis Sanchez Velo, Director of Legal Advice for Banco Santander Restructuring
- Manuela Serrano, Partner at PricewaterhouseCoopers Tax & Legal SL.
- Phaedra Valencia, Partner of Cuatrecasas.
- Pere Villalla, Economist, FTI Consulting.
- Inigo Villoria, Partner at Clifford Chance, Litigation and Arbitration Department. Head of the Bankruptcy Area.
This document has been prepared by professionals from both private entities and public institutions.
Also, this document it is signed in a personal capacity and does not represent the official position of the institutions or entities to which the members of the group belong.
The document reflects not only the work carried out but also the analysis carried out, providing conclusions and proposals, taking into account the personal experience of the group members.
Fide thanks all of them dedication and collaboration.