Month: June 2014

When objects of collateral assets, were not related to professional or business activity of the debtor or a production unit of ownership or not necessary for the continuity of this activity, not will be affected by the bankruptcy Declaration. In no event shall the stay of execution in the competition of creditors of individuals, since the lack of business or professional activity prevents the concurrence of the requirement of the condition. Once you’ve spent a year without the adoption of any Convention or open the liquidation, may resume suspended executions and start which have not done so before the bankruptcy Declaration, although the judge competent to hear the case will be the own bankruptcy judge. Open once the liquidation phase shall terminate the ability to run separately for those creditors who had not initiated proceedings before the Declaration of bankruptcy and will resume those executions which had been suspended by virtue of the above, although as a piece separated within the bankruptcy proceedings. Should also be borne in mind that the Declaration of bankruptcy does not affect the execution of guarantees regarding the debtor holds third holder of those condition. On the interpretation of this provision of the bankruptcy law is very interesting analysis which is done in the resolution of 6 June 2009 (BOE of 20 of July of 2009) the General Directorate of the registries and notaries, in an appeal lodged against the refusal of the property Registrar from issuing a certificate of ownership and charges in a procedure for direct execution on property mortgaged. A procedure for direct execution on mortgaged property, orders the issuing of certificate of ownership and charges resulting from the 656 of the LEC and the practice of the marginal note provided for in article 659 of the LEC.

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