La primera clase de créditos en el procedimiento concursal de reorganización judicial en Chile: ¿la gran ausente?

2017

The new Chilean bankruptcy law, No. 20,720 (D.O. of January 9, 2014), omitsexpressly referring to the credits of the first class in the judicial reorganizationprocedure of the debtor company. This omission has been understoodby a sector of the doctrine and even by the Superintendence of Insolvencyand Re-entrepreneurship as synonymous with the exclusion of said credits,which therefore would not be “reorganizable”. This work aims to raise and justify the opposite conclusion, with a view to overcomingone of the main obstacles that is currently facing this procedure, in its sphereof practical implementation and in view of its economic viability for the proponentdebtor. The research methods used…