UNDERDEVELOPMENT .
can be understood as the organization procedural, legal and enforceable settlement of a heritage that gives the debtor (vendor) a true expected to comply, in principle, of all obligations, and I have only given to reputable merchant. The delay is, as a means of settlement which is updated by a special process called process executive late, in which involved mainly the debtor, the court and creditors.
PARTIES IN THE PROCESS OF LATE.
The executive process of a voluntary nature, prevention of conflict of interests which is further potential to rise to the crisis of lack of cash in the estate of the dealer, is the existence of interests that are, or could become, contrary.
The parties are also the subject of the litigation or business, no doubt to say that late in the process of parties, both the applicant of the debtor and all creditors, who may or may not intervene in the process at will.
Judgement.
The decision will be made by the judge who acted in a sovereign manner, he is not in any way connected with the views of various people associated with the process. So while the creditors, the trustee and the meeting of the same, support the decision to be given the benefit of delay, the court may deny freely backward state and declare quiebra.Contenido of the sentence: the sentence must contain:
- The duration of the settlement (not to exceed 12 months).
- The debtor's obligation to state that they have paid within this period all to all its creditors "with the assistance of the committee of creditors, under the direction of superior court" art. 904 of the Commercial Code.
- and conservatory measures it deems necessary precautions to ensure the integrity of the debtor's assets.
- Creditors should make up the committee to oversee the administration and liquidation of the debtor's assets.
LATE TERMINATION OF PROCESS .
- Where, during the term given to the debtor, the creditors cancel all those who owe.
- The maturity date "if the debtor does not request extension."
- When the process is fruitless for the debtor and whether it is the one who declare bankruptcy.
- Where there is some appeal.
- When it declared bankruptcy court.
0 comments:
Post a Comment