🎓 Seminario de Derecho Concursal: Cuestiones actuales y propuestas CGPJ | Universitat Abat Oliba CEU

girl
Seminario de Derecho Concursal: Cuestiones Actuales y Propuestas CGPJ
request information
Course title

Seminar on Bankruptcy Law: Current Issues and Proposals from the CGPJ

Academic area

Law and Business

Duration

2 months

Credits

6 ECTS (24 hours)

format

Blended

Language

Spanish

Student profile 

This program is especially aimed at lawyers, economists and auditors, as well as business graduates with experience in bankruptcy proceedings, both as bankruptcy administrators and as legal experts. It is also aimed at students of the School of Legal Practice, graduates in Law and Business, judges, magistrates and court clerks.

Admissions and enrolment

Application via website, submission of documentation and formalisation of admission at the University.

Calendar and timetables

From 6 November onwards. Fridays from 4 p.m. to 8 p.m.

Comprehensive, practical programme taught by legal experts

Why study at UAO CEU?

1. Specialist education with a professional focus to set yourself apart from the rest

This specialisation course is aimed at refreshing and updating your knowledge of legal doctrine and jurisprudence on the application of the law in this field.  

It will train you as a specialist in bankruptcy law, preparing you to take up positions as a bankruptcy administrator and to take part in the assessment of bankruptcy proceedings from a legal or economic standpoint. 

In the current economic context, advanced knowledge of bankruptcy practice is especially relevant for law firms and companies.

2. Teaching staff

Our teaching staff comprises prestigious professionals with proven teaching and professional experience, including judges and lawyers with a long history in the field of company law.

3. Professional development

Students will master the substance and procedures that apply in insolvency proceedings, as well as receiving the most up-to-date information and relevant case law.

4. Employability

The average employment rate for those who have completed postgraduate studies with Abat Oliba CEU is 95%.

5. Information resources

The Library Service is designed to support study and research with the primary objective of meeting students’ educational and scientific needs. It has ample opening hours, even on weekends, with the best IT facilities.

UAO CEU also offers a large digital repository containing open-access publications derived from the teaching, research and institutional activities carried out by the university’s teaching staff, students and alumni.

 

 

Syllabus

1st SESSION

1. Communicating the initiation of negotiations to reach a proposal for an early agreement. 

  • 1.1. Formal legal aspects. 
  • 1.2. Effects on enforcement. 
  • 1.3. Effects of the measures adopted in Royal Decree-Law 8/2020 of 17 March on extraordinary emergency measures to deal with the financial and social impact of COVID-19 (Article 43)  

2. Other financing agreements. 

  • 2.1. Formal legal aspects.
  • 2.2. Effects of the measures adopted in Royal Decree-Law 8/2020 of 17 March on extraordinary emergency measures to deal with the financial and social impact of COVID-19 (Article 43) 
  • 2.3. Financial aspects (calculation of financial liability, determining criteria). 
  • 2.4. Rescindability of approved refinancing agreements.  
  • 2.5. New provisions of (EU) Directive 2019/1023
 

2nd SESSION

1. Bankruptcy of physical persons.  

  • 1.1. Out-of-court settlements. 
  • 1.2. Consecutive bankruptcy proceedings. 
  • 1.3. Problems posed, especially in retaining main residence or properties that are rented, over-mortgaged or up-to-date with payments. Legislative proposals. 
  • 1.4. Scope and limitations of the exemption of unsatisfied liabilities in the light of the latest court decisions and (EU) Directive 2019/1023   

 

3rd SESSION

1. Credit rating: controversial and topical aspects.

  • 1.1. Credit rating following penalty clauses for early termination of a continuing performance contract. 
  • 1.2. The requirement to recognise mortgage interest credits as contingent in light of the latest court decisions. 
  • 1.3. Rating moratorium interest on mortgage credit in the light of the latest court decisions. 
  • 1.4. Rating non-debtor mortgagors and non-mortgage debtors. 
  • 1.5. Rating equity loans. 

 

4th SESSION

1. The Bankruptcy Agreement. 

  • 1.1. Drafting the proposal, judicial oversight of legality and effects. 
  • 1.2. Form of the proposal: unique content and alternative proposals.
  • 1.3. Majority regime, especially in case of alternative proposals. 
  • 1.4. Agreements with structural modification and agreements with transfer of PU. 
  • 1.5. The compensation of credits after agreement. 
  • 1.6. Credit extinction clauses. 

2. Failure to comply with the agreement. 

  • 2.1. General effects of non-compliance. 
  • 2.2. Asymmetrical payments. 
  • 2.3. The resolution of the remissive effects of the agreement. 
  • 2.4. Effects on waiver or loss of credit clauses due to non-communication of payment data. 
  • 2.5. Possible credit rating alterations. 
  • 2.6. Non-compliance with cause in the measures adopted during the state of alarm to stop the expansion of COVID-19, counterclaims, the judge’s power to assess the seriousness of non-compliance (force majeure and the rebus sic stantibus clause), the possibility of introducing moratoria, and out-of-court solutions.

 

5th SESSION

1. The transmission of productive units. 

  •  1.1. The concept of the productive unit. 
  • 1.2. Succession of the company via the purchase of a productive unit, extent and scope of obligations assumed. 
  • 1.3. Subrogation in contracts of the bankrupt party.  
  • 1.4. Scope and effects of the power granted in Article 149.2 LC to preferred creditors. 
  • 1.5. The right of third parties. 

 2. Labour aspects involved in bankruptcy proceedings. 

  • 2.1. Collective bargaining within the bankruptcy process. 
  • 2.2. ERE for suspension and extinction. Effects of measures implemented during the state of alarm. 
  • 2.3. Special agreements and relocation plans. 
  • 2.4. Labour credit rating.  
  • 2.5. Issues of interpretation of the subrogation of credit by FOGASA 

 

6th SESSION

1. Declaration of bankruptcy from a commercial and criminal perspective and possible juxtapositions. Recent jurisprudence. 

  • 1.1. Definition of persons affected by the declaration and jurisprudence in the matter. 
  • 1.2. Heterogeneous liability of administrative bodies. 
  • 1.3. De facto administration. 
  • 1.4. Responsibility of general proxies and general managers. 
  • 1.5. Complicity. 
  • 1.6. Heterogeneous allocation of deficit payments. 
  • 1.7. Recovery action among those affected by declaration. 

 

Teaching staff

TEACHING STAFF

This specialisation course in Bankruptcy Law is taught by experts and professionals with proven teaching or professional experience that have been chosen for their recognised prestige and level of specialisation in the field.

Academic management

Juan Antonio Roger Gamir  

Partner and director of the Commercial Law Department at Foro Legal Abogados. 

Rafael Gimeno-Bayón Cobos  

Former Supreme Court Judge. Associate at Lexaudit & Concursal SLP.

Course coordination

Alejandro Gimeno-Bayón Forteza 

Lawyer and economist.

Speakers

Judges from commercial law courts, Social Security lawyers and the course directors themselves.

DETAILED CV OF PROFESSORS

Fees and scholarships

TOTAL AMOUNT

€ 1,115

Tuition fees correspond, solely and exclusively, to the provision of teaching as part of the programme enrolled on, and this is the only service offered in exchange for the payment of those fees. By enrolling, the student accepts that decisions made by the competent authorities may, directly or indirectly, render it necessary to carry out teaching, tutoring, work placements or assessment tests either in person or via distance learning.

The student accepts that they remain obliged to pay any such fees in full even if, for reasons beyond the control of the University, some of the educational activities included in the degree cannot be carried out as initially provided for in the course guides at the beginning of the academic year. If restrictions are part in place, the University will provide the student with a guarantee that the activity will be rescheduled when possible, taking into consideration the interests of the student and any other applicable academic criteria.

PAYMENT METHODS

Participants in this seminar must pay in full before starting the course. The University Master’s Department will send prospective students the registration form so that they can make the payment at one of the financial institutions that appear on the registration document. Students will have 15 calendar days to make this payment. 

Abat Oliba CEU University has credit agreements with various institutions meaning our students can finance the entirety of their studies with excellent conditions. For more information, those interested may contact the Academic Management Service or any office of the following financial institutions: CaixaBank, Banco Santander and BBVA.

MORE INFORMATION

Postgraduate and Further University Studies
Bellesguard 30. 08022 Barcelona
Tel. +34 93 253 72 03
master@uao.es

Quality and regulation

CANDIDATE PROFILE

Those applying to take this Seminar in Bankruptcy Law must hold either a higher university degree from Spain (diplomatura, licenciatura or ingeniería superior) or a foreign degree (equivalent to an undergraduate or bachelor’s degree in Anglo-Saxon systems). 

This seminar would be particularly useful for: practising lawyers and those with a degree in law and/or business who work advising companies and other professionals with responsibilities relating to the business field.

OBJECTIVES

  • To identify the key aspects relating to the practice of Bankruptcy Law.

  • To review related procedural aspects and current jurisprudence.

  • To offer an informed opinion on the probable outcomes once a bankruptcy process is initiated.