El procedimiento especial de concurso para microempresas del Proyecto de Ley de Reforma del Texto Refundido de la Ley Concursal

Abstract

This article deals with the special procedure that the TRLC Reform Project incorporates for micro-enterprises, which is obligatorily applicable to entrepreneurs, whether they are natural persons or legal entities, who have employed less than ten workers during the previous year and who have a volume of annual business of less than 700,000 euros or a liability of less than 350,000 euros. It is structured in two phases. The first, which consists of opening a three-month negotiation period so that the debtor and creditors can agree on a possible plan, either for negotiation or for liquidation with the transfer of the company in operation. And a second, with two possible itineraries: a fast-track settlement or a continuation procedure. Settlement is favored by setting up an electronic settlement platform. One of the most controversial aspects of the special procedure is the absence of mandatory intervention of the bankruptcy administrator as a general rule, which has been harshly criticized by the doctrine and even by the Bank of Spain itself.