CONTROVERSIAS SOBRE EL ARTÍCULO 5.3 DE LA LEY CONCURSAL TRAS LA REFORMA DEL REAL DECRETO LEY 3/2009.

Abstract

In the wake of Royal Decree Law 3/2009 reforming the Bankruptcy Act, contradictory case-law rulings have been handed down on the requirements of the so-called "prior notice", such as proof of current insolvency, proof of negotiations with creditors for an early agreement proposal and the checking of these matters before or after the fact. The result is a large dose of legal uncertainty in practice. It would therefore be advisable to revise section 5.3 of the Bankruptcy Act in the framework of the new bankruptcy reform now being planned, to clear the muddied points.