Sector-specific

Course on Insolvency Law

Law 100 h

Introduction

Thanks to the present Course on Insolvency Law, you will gain a detailed understanding of the economic and legal concept of the Insolvency Proceedings, together with the regulatory framework of the Consolidated Text of the Insolvency Act, where both corporate and economic, social, legal and procedural concepts, amongst others, will be studied. All of this will be approached from a multidisciplinary perspective, providing students with a broad understanding of Insolvency Law. The course content will include in-depth explanations of insolvency administration, the effects of insolvency proceedings, Insolvency proceedings, Insolvency Agreement, with examples and practical exercises for to summarise and internalise this knowledge.

Objectives

  • To gain a general understanding of Insolvency Law, analysing the regulations.

  • To study insolvency proceedings, examining in detail their governing bodies, effects and the conduct of the procedure.

  • Learning how to give advice in the face of a situation where insolvency in any of the subjective positions with regard to the insolvency proceedings.

  • To gain a specific understanding of the various stages of insolvency proceedings.

  • To analyse the parties involved in insolvency proceedings.

  • Developing skills to mediate and resolve disputes.

Table of Contents

TRAINING MODULE 1. GENERAL OVERVIEW OF INSOLVENCY PROCEEDINGS
TEACHING UNIT 1. INSOLVENCY LAW: AN INTRODUCTION
An Introduction to Insolvency Law
Restructuring plans
Second-chance scheme

TEACHING UNIT 2. REGULATORY FRAMEWORK OF INSOLVENCY LAW
Introduction and background
Royal Decree-Law 3/2009 of 27 March on urgent measures in the areas of taxation, finance and insolvency in light of developments in the economic situation
Law 13/2009 of 3 November on the reform of procedural legislation for the establishment of the new Judicial Office
Act 38/2011 of 10 October amending the Insolvency Act of July
Law 14/2013 of 27 September on support for entrepreneurs and their internationalisation
Law 17/2014 of 30 September, adopting urgent measures regarding the refinancing and restructuring of corporate debt
Law 9/2015 of 25 May on urgent measures relating to insolvency proceedings
Law 25/2015 of 28 July on the second-chance scheme, the reduction of the financial burden and other social measures
Royal Legislative Decree 1/2020 of 5 May, approving the consolidated text of the Insolvency Act
International regulations

TEACHING UNIT 3. INSOLVENCY PROCEEDINGS
An Introduction to Insolvency Proceedings
Entry requirements for the competition
Competition application
Competition Statement
Declaration of insolvency proceedings
Related competitions

TEACHING UNIT 4. INSOLVENCY BODIES: THE INSOLVENCY JUDGE AND THE INSOLVENCY ADMINISTRATOR
The Competition Judge
Legal status of the insolvency administration
Insolvency administration

TEACHING UNIT 5. EFFECTS OF INSOLVENCY PROCEEDINGS
The consequences of the declaration of insolvency proceedings
Effects of insolvency proceedings on the debtor
Effects of insolvency proceedings on creditors
Effects of insolvency proceedings on contracts

LEARNING UNIT 2. INSOLVENCY PROCEEDINGS
TEACHING UNIT 1. INSOLVENCY PROCEEDINGS I: GENERAL ASPECTS
Legal aspects
General framework of the insolvency proceedings
Rules of procedure
Payment of fees

TEACHING UNIT 2. INSOLVENCY PROCEEDINGS II: THE COMMON PHASE
Introduction to the common phase of the insolvency proceedings
Report by the insolvency administrators
Determination of the active mass
Determination of passive mass
Completion of the common phase
General aspects of the special procedure for micro-enterprises

TEACHING UNIT 3. INSOLVENCY PROCEEDINGS III: THE INSOLVENCY AGREEMENT
Nature and general aspects
Types of agreement proposals
Standard procedure
Effectiveness of the agreement
Compliance with the agreement

TEACHING UNIT 4. INSOLVENCY PROCEEDINGS IV: INSOLVENCY WINDING-UP
An Introduction to Insolvency Proceedings
Commencement of the liquidation phase
Processing of the settlement
Completion

TEACHING UNIT 5. INSOLVENCY PROCEEDINGS V: CONCLUSION OF THE INSOLVENCY PROCEEDINGS
Conclusion of the Competition: Introduction
Factual assumptions
Procedures for the conclusion of the insolvency proceedings
Consequences of the conclusion of the insolvency proceedings
Reopening of the competition

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