El papel del juez en la reestructuración de empresas en el Anteproyecto de reforma concursal

Résumé

At its meeting on 3 August, the Council of Ministers approved the Draft Bill to reform the recast text of the Insolvency Act, which has the main purpose of incorporating into our legislation the Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency). Both the Directive and the Draft Insolvency Reform Bill, which aims to transpose it into Spanish law, focus on the need to reduce the time and costs of insolvency proceedings and to limit the intervention of the judicial authority in restructuring to cases in which it is necessary to guarantee the rights of those affected. In this paper, we will analyse the role of the judge in the restructuring of companies, according to the Draft Bill to reform the recast text of the Insolvency Act.