CAN PLEAD THE CONTEST IF THE DEBTOR HAS NO REAL?

Some courts have advocated not to accommodate requests for tender "massless" ie, no assets. However, Hearings reject this rejection.

Although the lack of assets and rights of the bankrupt or others responsible to satisfy creditors that is configured as a cause of termination of the contest, at any stage of the proceedings (Article 176.1.4 °), the contest must be admitted. No auto completion may be issued for lack of assets and rights while being processed sectional qualifying or pending demands reintegration of the active mass or third party liability requirement.

Also, in the report of the receivers in favor of concluding the contest for lack of assets and rights, will arise and will reason that there are no feasible actions reintegration of active mass or third party liability remain to be exercised.

In this sense, include the auto section 15 of the Provincial Court of Barcelona 14 June 2007, and the order of the 5th section of the Balearic Provincial 29 March 2007.

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