What effect does the law of 'second chance'?

15 de enero de 2019

Royal Decree Law 1/2015 establishes its content inter alia those relating to which it calls 'the benefit of the second chance' and that affects a debtor individual in the course in which they have been immersed in a bankruptcy proceeding and once completed the same there are certain debts that can not be satisfied with the mass of active. Thus it is given a 'second chance' exonerating the same unsatisfied liabilities.

What effect does this 'second chance'?

First, with regard to holders of claims that are extinguished as a result of inadequate when dealing with the debtor's assets may not take any action to collect them deal with this. It is possible that these yes to proceed against guarantors or sureties or other obligation, in the event that the obligations have solidarity. This means that the benefit of the exemption does not extend to these and at least the same shall not rely on this fact to the creditor.

The decree determines which loans are those that may be affected by the exemption.