La modificación del convenio

Zusammenfassung

The 2022 insolvency reform has incorporated a new article 401 bis to the Consolidated Text of the lnsolvency Act (TRLC). Pursuant to this provision, it is admitted for the debtor the possibility to propose an amendment to the scheme of arrangement that had been accomplished until then. With this step, insolvency regulation permanently admits a type that had been previously introduced in a sporadic and exceptional way in past occasions. This paper studies said article 401 bis. lt presents in its first part the evolution of insolvency regulation thereon, from the lack of any reference in the original wording of the lnsolvency Act up to its current acceptance. The second part assesses the admission of the amendment's proposal. The third part is focused on several material and procedural aspects set up in the new regulation.