El procedimiento abreviadolas modificaciones introducidas por el RDL 3/2009 y sus consecuencias

Abstract

The current bankruptcy regulations rest upon the principle of unity of discipline, which unifies the treatment of trade debtors and non trade debtors, and the procedural unity, which is regulated by a single procedure � bankruptcy proceedings� which is applicable to any debtor. The introduction of an abbreviated procedure is recommended, although the Spanish legislator, despite that advocated by our doctrine, has opted, not, as stated by law, for the introduction of an abbreviated procedure, but rather to regulate an abbreviated processing of bankruptcy proceedings, given that it is not a proceeding different to single bankruptcy proceedings which the law regulates. The purpose of this paper is to analyse the changes made in the regulation of the abbreviated processing of the bankruptcy proceedings by the Royal Decree-Law 3/2009, of 27 March, on urgent tax, financial and insolvency measures, given the current economic scenario (hereinafter erred to as RDL 3/2009) and its consequences, although, for greater clarity, we shall start by looking back on the envisaged legal system in the initial drafting of the Bankruptcy Law in 2003.