The moratorium contains but does not eliminate bankruptcy proceedings that are increasing at a rate of 7.9% | Economy | The USA Print


The General Council of the Judiciary takes stock of the first quarter of the year, by accounting for those actions in which it has to offer guardianship. The first piece of information that draws attention in his report on the effects of the crisis before the judicial bodies is that of the evolution of insolvency proceedings.

Their trend is increasing quarter by quarter, and that they are immersed in a moratorium whose end point is set for June 30. This moratorium, which allows companies in a situation of insolvency not to declare bankruptcy to scare away a possible liquidation due to a specific tension, has, despite everything, served as a retaining wall and avoided a true avalanche of liquidations that could have collapsed the Courts of the Mercantile.

Now it is up to the Government to have the reform of the Bankruptcy Law in a timely manner to solve the situation of a significant number of companies in trouble due to the effects of the pandemic. One of the measures pursued to speed up the process is that management by a bankruptcy administrator is not mandatory, which has raised severe criticism from this professional group.

Until this happens, their number grows again in this first quarter at a rate of 7.9% to a total of 5,312. This figure includes those presented both in the Mercantile Courts, as well as those of natural persons who are registered in the First Instance Courts. The trend has not changed since the third quarter of 2020, which offers an idea of ​​the effect of the crisis. Of this total, 2,812 corresponded to non-business individuals, which increased by 11.1% compared to the first quarter of 2021.

The remaining 2,500 corresponded to those presented in mercantile ones, which increased by 4.4% year-on-year. Of these, 1,080 correspond to individual entrepreneurs (29.5% more), and 1,420 to legal entities (9% less).

Another variable with judicial protection is that of the demands for dismissal. In the first quarter, 30,126 dismissal claims were filed, which is 12.6% less year-on-year, as a result of the improvement in both the pandemic and the labor market, which has caused a reduction in dismissals and consequently in the demands that this generates.

Catalonia, with 6,287 (20.9% of the national total), was the community in which the most lawsuits were filed. A similar trend occurs in the number of lawsuits for quantity claims. Its evolution has been 6.9% lower than those presented a year ago.

There have been 6,410 foreclosures, 12% less than a year ago, while the total number of releases carried out has remained very similar to a year ago, having experienced an increase of 1%, up to 11,072.

Three out of every four releases (7,625, 68.9% of the total) were the result of procedures derived from the Urban Leasing Law (LAU), while another 2,755 (24.9%) were derived from mortgage foreclosures.

The remaining 692 were due to other causes. Launches derived from mortgage foreclosures increased by 8.1% year-on-year, however, those derived from the Urban Leasing Law decreased by 3.1%.


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