Post by account_disabled on Mar 7, 2024 2:30:49 GMT -5
After the thread of this series of articles, with this one we conclude the exhaustive analysis of article 487.1 of Law 16/2022 , of September 5, on the Reform of the Consolidated Text of the Bankruptcy Law, which deals with the requirements that prevent access to the Second Chance Law.
Article 487.1. 6th TRLC establishes the last barrier to access to the exoneration of unsatisfied liabilities: “ When you have provided false or misleading information or have Fax Lists behaved recklessly or negligently at the time of incurring debt or discharging your obligations, even without this having merited a sentence.” of qualification of the contest as guilty.
Consequently, the bankruptcy of the debtor who is understood to have acted recklessly or negligently in his indebtedness faces the denial of the exoneration of his debts even though the guilty bankruptcy has not been declared (the declaration of the guilty bankruptcy forms the third of impediments in accessing the second opportunity, analyzed above). Redundant it is.
The legislator, along these lines, stipulates assessed assumptions that the judge must evaluate to determine the existence of negligence or recklessness:
The asset information provided by the debtor to the creditor before granting the loan for the purposes of evaluating asset solvency.
Article 487.1. 6th TRLC establishes the last barrier to access to the exoneration of unsatisfied liabilities: “ When you have provided false or misleading information or have Fax Lists behaved recklessly or negligently at the time of incurring debt or discharging your obligations, even without this having merited a sentence.” of qualification of the contest as guilty.
Consequently, the bankruptcy of the debtor who is understood to have acted recklessly or negligently in his indebtedness faces the denial of the exoneration of his debts even though the guilty bankruptcy has not been declared (the declaration of the guilty bankruptcy forms the third of impediments in accessing the second opportunity, analyzed above). Redundant it is.
The legislator, along these lines, stipulates assessed assumptions that the judge must evaluate to determine the existence of negligence or recklessness:
The asset information provided by the debtor to the creditor before granting the loan for the purposes of evaluating asset solvency.