• 2017cover Present
  • 1

Bankruptcy Expert Practitioner

Agreement with Lefebvre Formation

INFORMATION, PRE-REGISTRATION AND REGISTRATION
Own Teachings
Telephone: 91 488 70 40
Academic direction: 

  • On behalf of the URJC: María Enciso Alonso-Muñumer. Professor of Commercial Law URJC.
  • On behalf of Lefebvre: Antonio Hurtado de Mendoza García. Lefebvre Training Director.

Student attention:    Student Help Box     Suggestions and complaints box

more information

Basic Information

Presentation

  • The course trains the person who is trained to act as a bankruptcy administrator and as an advisor in bankruptcy matters throughout the Spanish state. Subject to the requirements of professional associations.
  • This is a current demand of great intensity, as the economic and social situation is highly affected as a result of the effects of COVID-19, which makes it necessary, more than ever, for good training of professionals from Law and the economy in the field of study of the institutions provided for in the legal system to deal with crisis situations and patrimonial insolvency of companies and entrepreneurs or non-entrepreneurs.
  • Likewise, the reform of the bankruptcy regulations, in force since September 1 of this year 2020, makes it necessary for any professional dedicated to the field of business insolvency or who wishes to enter this professional practice to retrain in this matter.
  • For all these reasons, this training covers the analysis of the implications of asset insolvency and insolvency proceedings, aimed both at those who wish to enter professional practice and at those who need to refresh their knowledge in this field.

Objectives

  • Know and understand the concepts, categories, principles and basic rules of insolvency to deal with crisis situations and patrimonial insolvency of companies and business and non-business individuals.
  • Interpret bankruptcy regulations through knowledge of the jurisprudence of the Supreme Court and the resolutions of Commercial Courts, Hearings, Superior Courts of Justice, Court of the European Communities.
  • Advise in a situation of insolvency in any of the subjective positions regarding the bankruptcy process and the application of the rules contained in the Bankruptcy Law to the most common controversies that arise in bankruptcy proceedings.
  • Provide the professional with the precise tools to manage business challenges and to identify the risk of insolvency and the viability or not of the initial business project in order, if necessary, to adopt the necessary legal measures.

Competences

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 business or non-business individuals.
  • This training covers the analysis of the implications of asset insolvency and insolvency proceedings.
  • The bankruptcy practice course will provide adequate specialized training in Insolvency Law that will allow intervening, advising in situations of insolvency, business crisis and dealing with the various casuistry that may occur in the bankruptcy process from a national, European and international perspective.
  • It will provide up-to-date training on the new legal landscape regarding insolvency proceedings and pre-bankruptcy agreements, necessary after the enormous proliferation of regulations that have 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 Parliament's mandate to recast, harmonize, clarify and order the bankruptcy legislation, in the face of inconsistencies of its text, interpretive problems and systematic alteration of its content as a consequence of the numerous reforms introduced in the original text.
  • The Course will provide information on the current measures related to insolvency processes adopted by the government in order to deal with the economic effects generated by the COVID19 pandemic, in particular those contained in RDL 16/2020, of April 28, measures procedural and organizational measures to deal with COVID.19 in the field of administration of justice.
  • To address the crisis of potentially viable or solvent companies that are temporarily going through a loss situation, recourse to pre-bankruptcy solutions should be promoted to avoid the declaration of insolvency as much as possible. 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 bankruptcy budgets, its declaration, the bodies that intervene in the process, the effects of the bankruptcy declaration, the determination of the active and passive masses, the solutions that can occur in the contest and the causes of its conclusion.
  • The qualification of the competition is also studied, especially the consequences of the qualification as guilty. Special insolvency proceedings, para-bankruptcy and private international law regulations relating to insolvency, with particular emphasis on those contained in EU regulations, occupy another part of the Course.

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

The processes of renegotiation and deferral 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 placed within this framework, the Course focuses on these issues, also highlighting the singularities of the contest of natural persons increasingly frequent.

SCHEDULE

MODULE 1: INTRODUCTION TO BANKRUPTCY LAW.

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

MODULE 2: THE PRE-BANKRUPTCY LAW. 

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

 MODULE 3: THE BANKRUPTCY OF CREDITORS.

  • Teaching 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: The bankruptcy administration. Statute.
  • Teaching unit 5: The bankruptcy administration report and its procedural treatment.
  • Teaching unit 6: The agreement in bankruptcy.
  • Didactic unit 7: Liquidation in bankruptcy proceedings.
  • Didactic unit 8: The qualification in the contest.
  • Didactic unit 9: The conclusion and reopening of the contest.

MODULE 4: SPECIAL BANKRUPTCY, PARA BANKRUPTCY AND PRIVATE INTERNATIONAL LAW.

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

MODULE 5: THE BANKRUPTCY OF NATURAL PERSONS AND THE EXEMPTION OF THE UNSATISFIED LIABILITY.

  • Didactic unit 1: Bankruptcy of natural persons.
  • Didactic unit 2: Peculiarities of the insolvency liquidation of natural persons.
  • Didactic unit 3: The request for exoneration of unsatisfied liabilities. Ordinary and special regime. material requirements.
  • Teaching unit 4: Processing of the incident of exoneration of unsatisfied liabilities.
  • Didactic unit 5: Effects and scope of the exemption of unsatisfied liabilities.

MODULE 6: BANKRUPTCY ADMINISTRATION / BANKRUPTCY MEDIATION.

  • Didactic unit 1: Appointment and statute of the bankruptcy mediator.
  • Didactic unit 2: Requirements and appointment of insolvency administrator.
  • Didactic unit 3: The statute and remuneration of the insolvency administrator.
  • Teaching unit 4: The bankruptcy administrator's report and main actions.
  • Teaching unit 5: Accountability and liability of the bankruptcy administrator.
  • Teaching unit 6: The 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
  • Teaching unit 3: Guidelines and criteria for preparing the qualification report
  • Didactic unit 4: Guidelines and criteria for the preparation of the liquidation plan and the conclusion of the contest
  • Didactic unit 5: Guidelines and criteria for the preparation of preventive restructuring plans

It is NOT necessary neither Final Degree Project nor External Internship.

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

Recipients

Access requirements: Graduate or graduate in qualifications related to the objective of teaching (Lawyers, Economists, ADE, LADE, etc.).

Selection criteria: In strict order of registration.

Number of places per call: 80

Minimum number of students per call: 5

Frequency of calls: Bimonthly

First call: February 2021

Academic Management and Faculty

Academic direction:

  • Maria Enciso Alonso-Muñumer. Professor of Commercial Law URJC.

Faculty:

  • Jose Maria Fernandez Seijo. Magistrate of the Fifteenth Section of the Provincial Court of Barcelona.
  • Dr. Enrique Sanjuán y Muñoz. Commercial Specialist Magistrate. Provincial Court of Malaga (Specialized mercantile section). Doctor of Law.
  • Maria Enciso Alonso-Muñumer. Professor of Commercial Law URJC.

Duration and development

BANKRUPTCY EXPERT PRACTITIONER

Modality: Online (e-learning)

Number of credits: 15

Horas: 150

Place of delivery: From distance

Hours: Not applicable

Expected start date: November 15

Finish date: From the beginning of the call (bimonthly) the term to complete the course is 3 months.

Reservation of place and enrollment

BANKRUPTCY EXPERT PRACTITIONER

Announcements: Every 2 months a new call is opened with its corresponding registration period.

Title price:  1.000 €.

Possibility of scholarship (if applicable): No

The start of the course is conditioned to the minimum number of students enrolled (5).

INFORMATION, PRE-REGISTRATION AND REGISTRATION

incidents: mailto:

preregistration

Administration and Enrollment: Elena del Olmo Rodriguez

+34 628 522 235...

Training Director: Antonio Hurtado de Mendoza Garcia

+34 687 847 688...

Documentation to attach, forms and place of delivery

the applicants they will present all the scanned documentation, in the formats allowed through the telematic self-registration application at the time of applying for admission to own degrees. They must compulsorily attach to their request the declaration of the person responsible for the veracity of the data provided in digital format.

At any time, both the Program Management and the Own Teaching Service may request the applicants to submit said certified/collated documentation through the General Registry, located on the Móstoles Campus, or in any of the registries assistants located in the different campuses of the Rey Juan Carlos University, or by sending it through Certified Mail to: Rey Juan Carlos University. General Registry. Avda. Tulipán s/n. 28933. Mostoles. Madrid

The student is responsible for the veracity and correctness of the data provided, exonerating the Rey Juan Carlos University from any responsibility and guaranteeing and being responsible for its accuracy, validity and authenticity.

Required documentation:

Students with a degree obtained from a Spanish university or a Higher Education Institution belonging to another Member State of the European Higher Education Area that authorizes access to own postgraduate degrees must present the following documentation:

  • National Identity Document or equivalent
  • University degree of the studies that give access to the requested postgraduate degree.
  • Curriculum vitae
  • Responsible declaration of veracity of the data provided in digital format
  • Any other document that the Director of the Own Title specifically requires for its acceptance

Students with a foreign degree must present the following documentation:

  • Passport or Residence Card
  • Foreign Higher Education Degree (Graduate, Graduate, Architect, Engineer Doctor...) that give access to own postgraduate degree studies.
  • Certificate certifying that the studies carried out give access to an Official Postgraduate Degree in your country of origin, issued by the University of origin
  • Curriculum vitae
  • Declaration of the person responsible for the veracity of the data provided in digital format
  • Any other document that the Director of the Own Title specifically requires for its acceptance

Applicants with studies completed in foreign University Centers may be requested at any time a certificate of verification of these studies and centers, issued by an authorized Institution.

All documentation provided must be legalized in accordance with Spanish law and translated by an official translator.