El pre-pack tras la reforma del texto refundido de la ley concursal por la ley 16/2022, de 5 de septiembre

Abstract

Law 16/2022, of 5 September, on the reform of the recast text of the Insolvency Act, for the transposition of 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), has given legal coverage in our legal system to the so-called pre-pack. The opportunity and convenience of legal support for the figure led the pre-legislator to include several provisions — currently articles 224 ter to 224 septies — referring to the prepack in the Draft (Preliminary Draft, at the time of its inclusion) of the law reforming the recast text of the Insolvency Act. In this paper, we will study the most relevant aspects of the regulation, the doubts it may raise, as well as its future prospects.