Ius et Praxis
versión On-line ISSN 0718-0012
GOLDENBERG SERRANO, Juan L. EL PROBLEMA TEMPORAL EN EL INICIO DE LOS PROCEDIMIENTOS CONCURSALES: The timing problem in the opening of a bankruptcy proceeding. Ius et Praxis [online]. 2012, vol.18, n.1, pp.315-346. ISSN 0718-0012. http://dx.doi.org/10.4067/S0718-00122012000100010.
The definition of the moment in which the stakeholders may initiate a bankruptcy proceeding is a matter of great importance for its success as a mechanism for resolving the insolvency dilemma. The lawmaker, considering the different interests that are involved in this issue, not only must specify the fact or facts that trigger such opening, but also must create a series of (positive and negative) incentives to adjust the decision of the debtor and the creditors to ensure that the proceeding is not opened when there are no longer enough assets to be distributed, but it is not used as a threat or collection tool when its utility is not evident. This article aims to give some ideas for the reasons of this "timing problem", its magnitude and implications, and the means that have been considered in order to solve it in our system and in comparative law.
Palabras clave : Bankruptcy Law; insolvency; Opening of the insolvency Proceedings.