Who pays the debts in a bankruptcy?

Article by: Diego Olivares | Last update: April 10, 2022
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In order, debts to creditors will be paid first: With special privilege: They are mainly to banks and financial entities that have a real mortgage right on some company property. With general privilege: Tax debts, with Social Security or with workers.

Who pays the bankruptcy?

In a bankruptcy, the one who collects first is the last creditor with whom a debt has been contracted. Oddly enough, old debts are not paid off first. Usually it is the last creditors, or the most recent debts, that are paid off first.

How does a bankruptcy proceeding end?

The insolvency proceedings end either because the payment agreement agreed with the creditors has been “fulfilled” or because the bankruptcy administrator has completed the liquidation of the debtor’s assets and distributed what he has obtained.

How to claim a debt to a company in bankruptcy?

As soon as you become aware of the insolvency proceedings, you must inform the Bankruptcy Administration of the credit you have pending with your debtor client. To do this, write a document specifying the credits pending collection, and proceed to send it as soon as possible.

How long does it take to resolve a bankruptcy?

duration varies

It varies depending on the type of competition presented, and can last between two months and five years (on average, as it usually lasts longer).

35 related questions found

What happens when a company goes into bankruptcy?

Bankruptcy is a judicial procedure that is applied when a company or entrepreneur cannot meet its debts, declaring its insolvency. Thanks to the competition, it is guaranteed that, among other things, the workers receive the pending wages.

What happens to the workers of a company in bankruptcy?

Situation of the workers after the declaration of bankruptcy. The declaration of bankruptcy of the company does not directly affect the workers, in the sense that until the contrary is stated, they have the obligation to go to their jobs.

How to communicate a credit to the bankruptcy administrator?

The communication can be made both through writing addressed to the bankruptcy administration, and by electronic means. Nowadays the most frequent thing is that the credits are communicated by email.

How to claim payment of a debt?

One of the most common ways to claim a debt is to file a lawsuit or order payment process. In it, the Court gives the debtor a term for the payment of the debt. If you do not pay or object, the seizure of assets proceeds directly. The payment process is very useful to claim debts.

When does the bankruptcy administrator cease?

Dismissal of the bankruptcy administrator

Insolvency administrators and their assistants may cease in their position of their own volition or for reasons beyond their control. The current LCon contemplates three cases of termination: resignation, recusal and separation.

What is the conclusion of the contest?

The conclusion of the contest refers to the end of the bankruptcy procedure in which the situation of bankruptcy, voluntary or necessary, of the debtor has been declared, excluding, as part of the referred legal regulation, those cases in which there has been a petition for statement of…

How much does a lawyer charge in a bankruptcy?

In any case, the attorney and solicitor fees in an insolvency proceeding usually range between €3,000 and €5,000. The number may seem high. But we must consider that the processing of the bankruptcy proceedings can take more than a year.

Who has preference in a bankruptcy?

Although it may sound contradictory or even unfair, the truth is that when it comes to collecting from a company that is drifting, the last ones are usually the first.

How much does it cost to go into bankruptcy?

Considering the above, we can estimate that the final price of an insolvency meeting could be between €4,000 and €10,000. Of course, this amount is applicable as long as there are no particular circumstances that complicate the bankruptcy process.

What are the fees of a bankruptcy administrator?

According to the regulations, when the debts are less than €500,000, the administrator charges 0.3% in the first phase of the contest. 70% must be deducted from this as it is a private contest. This means that the administrator collected €54 during the first phase of the contest.

How to report a person who does not want to pay you?

Always carry an official identification and try to be accompanied to report.

Depending on the crime you want to report, you can:

go directly to the public ministry agency (find the closest one here). file your complaint online (check here if you can do it in your state).

How much time do I have to claim a debt?

Specifically, the creditor (usually a bank) has a period of 20 years to claim the payment of the debt contracted with him. It is also common to find that the Treasury or Social Security claim unpaid amounts from us. Here, the statute of limitations is shorter.

How is a payment requirement made?

In general, a request for payment must contain the place and date in which it is made, the reason for which it is made (reason or origin of the debt), the name of the debtor from whom the payment is required, the amount that is pending payment and the term that is granted for the debtor to make the payment that …

What is the recognition of bankruptcy credits?

The recognition of post-bankruptcy credits in a dissolution and liquidation grants their holders the right to speak and vote at the Creditors’ Meeting, as well as the right to collect as long as the bankruptcy estate allows it according to the order of priority that they have, a point that we will address in the next section.

What is a bankruptcy credit?

Bankruptcy credits are the liabilities that the company has, which means all the debts that it has since before the declaration of bankruptcy. While the credits against the estate are the expenses or debts that have originated after the declaration of bankruptcy.

How much does FOGASA pay in the event of bankruptcy?

If the company is insolvent or declared bankrupt, the worker may only claim €26,900.50 from FOGASA, which is the maximum authorized.

What happens to the workers of a company in liquidation?

When a company is closed or liquidated, naturally the workers are fired, but that dismissal, although it may be legal, does not become a fair dismissal. The employment contract is bilateral, that is, it consists of two parts, and if one of them disappears, the employment contract ends.

What is the maximum amount paid by the Salary Guarantee Fund?

The maximum amount to be paid by the Salary Guarantee Fund is the result of multiplying twice the minimum daily interprofessional salary, with proration of extra payments, by the number of days pending payment, with a maximum of one hundred and twenty days.

When is a company in bankruptcy?

When a company or an entrepreneur is in such an economic situation that it cannot meet the payment of its obligations due to lack of solvency, that is, when its assets are not sufficient to cover its liabilities, it must request the declaration of insolvency in a period of two months.

What is a contest of creditors of a natural person?


The natural person contest is designed as a solution for individual entrepreneurs or company administrators with a debt that is impossible to satisfy. The Bankruptcy Law provides for the cancellation of all outstanding debts, under the consideration of the debtor in good faith.

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