Bankruptcy Expert Practitioner

Modality: Online (e-learning)

The completion of a classic program typically entails earning 15 ECTS credits

Hours: 150

Module 1: Introduction to Bankruptcy Law

• Didactic Unit 1: Basic bankruptcy concepts.
• Didactic Unit 2: Structure of the Consolidated Text of the Insolvency Law.
• Didactic Unit 3: Main novelties of the Consolidated Text.
• Didactic Unit 4: Bodies of insolvency proceedings.
• Didactic Unit 5: Basic notions on pre-bankruptcy and bankruptcy procedures.

Module 2: Pre-Bankruptcy Law

• Didactic Unit 1: The communication of the beginning of negotiations for the viability of the company.
• Didactic Unit 2: Unique refinancing agreements.
• Didactic Unit 3: Collective refinancing agreements.
• Didactic Unit 4: The approval of refinancing agreements.
• Didactic Unit 5: Extrajudicial Payment Agreements.
• Didactic Unit 6: The failure of pre-bankruptcy procedures.

Module 3: The Bankruptcy

• Didactic Unit 1: The procedural treatment of bankruptcy. Incidents, procedures and resources.
• Didactic Unit 2: The declarative phase of the contest.
• Didactic Unit 3: The common phase of the contest, effects, and management.
• Didactic Unit 4: Bankruptcy administration. Statute.
• Didactic Unit 5: The bankruptcy administration report and its procedural treatment.
• Didactic Unit 6: The agreement in bankruptcy.
• Didactic Unit 7: Liquidation in bankruptcy.
• Didactic Unit 8: The qualification in the contest.
• Didactic Unit 9: The conclusion and reopening of the contest.

Module 4: Special Competitions, Parabankruptcy, and Private International Law

• Didactic Unit 1: Abbreviated contest, contest without mass, and special contests.
• Didactic Unit 2: Specialties in contests (joint application, accumulation of contests, coordinated processing).
• Didactic Unit 3: Parabankruptcy regulations.
• Didactic Unit 4. European insolvency law.
• Didactic Unit 5: The principle of reciprocity and the treatment of insolvency in non-commUnity cases.

Module 5: The Competition of Natural Persons and The Exoneration of The Unsatisfied Liabilities

• Didactic Unit 1: Contest of natural persons.
• Didactic Unit 2: Particularities of the bankruptcy liquidation of natural persons.
• Didactic Unit 3: The request for exoneration of the dissatisfied liability. Ordinary and special regime. material requirements.
• Didactic Unit 4: Processing of the incident of exoneration of the dissatisfied liability.
• Didactic Unit 5: Effects and scope of the exoneration of the dissatisfied liability.

Module 6: Bankruptcy Administration/bankruptcy Mediation

• Didactic Unit 1: Appointment and statute of the bankruptcy mediator.
• Didactic Unit 2: Requirements and appointment of bankruptcy administrator.
• Didactic Unit 3: The statute and remuneration of the bankruptcy administrator.
• Didactic Unit 4: The report of the bankruptcy administrator and main actions.
• Didactic Unit 5: Accountability and responsibility of the bankruptcy administrator.
• Didactic Unit 6: Bankruptcy administration in special procedures.

Module 7: Practical Support of The Bankruptcy Administration

• Didactic Unit 1: Guidelines and criteria for the evaluation of the agreement proposal
• Didactic Unit 2: Guidelines and criteria for requesting the cessation of activity and liquidation
• Didactic Unit 3: Guidelines and criteria for preparing the qualification report
• Didactic Unit 4: Guidelines and criteria for the elaboration of the liquidation plan and the conclusion of the bankruptcy
• Didactic Unit 5: Guidelines and criteria for the preparation of preventive restructuring plans

It is NOT necessary neither End of Title Project nor the External Internship.

To obtain the degree, it will be necessary to pass a test of each module and a final evaluation.

General and Specific Competences

• The purpose of the course is the study of the institutions provided for in the legal system to deal with crisis situations and patrimonial insolvency of companies and businesses or non-business individuals.
• This training covers the analysis of the implications of asset insolvency and bankruptcy.
• The bankruptcy practice course will provide adequate specialized training in Insolvency Law that will allow intervention, and advice in situations of business crisis insolvency and face the various cases that can occur in the bankruptcy process both from a national, European and international perspective.
• It will provide updated information on the new legal landscape in terms of bankruptcy and pre-bankruptcy agreements, necessary after the enormous proliferation of regulations that has affected the Bankruptcy Law in recent years and which has culminated in the promulgation of the Consolidated Text of the Bankruptcy Law. published by the Royal Legislative Decree approved by the Ministry of Justice on May 5, 2020, which entered into force on September 1, 2020, as a result of the mandate of Parliament to consolidate, harmonize, clarify and order the bankruptcy legislation, given the inconsistencies of its text, interpretative problems and systematic alteration of its content as a consequence of the numerous reforms introduced in the original text.
• The Course will allow to know the current measures related to insolvency processes adopted by the government with the purpose of dealing with the economic effects generated by the COVID19 pandemic, in particular those contained in RDL 16/2020, of April 28, measures procedural and organizational procedures to deal with COVID.19 in the field of the administration of justice.
• In order to address the crisis of potentially viable or solvent companies that are temporarily going through a situation of losses, the use of pre-bankruptcy solutions should be promoted to avoid, as much as possible, the declaration of insolvency. In this regard, the course includes the analysis of the most relevant issues of the preventive pre-bankruptcy institutes of bankruptcy. After analyzing the key aspects of Pre-bankruptcy Law, the budgets for the bankruptcy, its declaration, the bodies involved in the process, the effects of the declaration of bankruptcy, the determination of the active and passive masses, the solutions that can be occur in the contest and the causes of its conclusion.
• The qualification of bankruptcy is also studied, especially the consequences of the qualification as guilty. The special competitions, the para-bankruptcy, and the rules of private international law related to the competition, with particular emphasis on those contained in the EU regulations occupy another part of the Course.

The protection of individuals and the self-employed in a generalized context of crisis not only requires extraordinary legislative support measures but also attention must be paid to the configuration and application of the procedures that must ensure their recovery in the best conditions and in the shortest possible time.

Within this framework, the processes of renegotiation and postponement of debts, the establishment of payment plans, the delimitation of the assets that may be affected and the ways of exoneration of debt must be situated. The Course focuses on these issues, also highlighting the singularities of the increasingly frequent bankruptcy of natural persons.