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ARTICLE · 06 NOVEMBER 2019

A Second Chance: How Can I Get Rid Of Debts I Cannot Pay?

The Bankruptcy Proceedings Act in article 178 bis provides a beneficial procedure for exemption from unpaid debt for debtors.

SpainInsolvency/Bankruptcy/Re-Structuring

The Bankruptcy Proceedings Act in article 178 bis provides a beneficial procedure for exemption from unpaid debt for debtors. This is known as the second chance mechanism, and it is applicable only to individuals, not companies.

The purpose of this mechanism is to enable those individuals who have lost their assets to start over without having to carry a debt all their lives that they can never settle. To this end, a judicial procedure is stipulated by which over-indebted individuals, who have acted in good faith, can be released from the responsibility of most of their outstanding debts after bankruptcy liquidation proceedings.

As a preliminary step to the procedure for debt exemption, first the bankruptcy proceedings must be carried out, and once they are completed due to liquidation or insufficient assets, exoneration from unpaid debt may be requested.

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