Abstract

MARTINEZ MONTENEGRO, Isnel; GONZALEZ CERDA, Ismael  and  SAN MARTIN VALDES, Sol. University credits in voluntary liquidation bankruptcy proceedings. A look from the Chilean jurisprudence. Prolegómenos [online]. 2022, vol.25, n.50, pp.187-199.  Epub Mar 24, 2023. ISSN 0121-182X.  https://doi.org/10.18359/prole.6274.

On October 9, 2014, the old Bankruptcy Law was reformed in Chile with the new Law No. 20720 on Insolvency and Reinsolvency, creating for such purpose the voluntary liquidation bankruptcy proceeding. Its objective is to provide legal tools to those debtors who are economically unviable through the immediate liquidation of their assets (equity) and extinction of all their liabilities (debts), opting for economic rehabilitation. However, a discussion has arisen before the Supreme Court of Justice regarding whether university loans can be included among the debtor’s liabilities in these proceedings due to the lack of legal regulation.

Keywords : university credits; exclusion of credits; voluntary liquidation bankruptcy proceedings; universality principle; par conditio creditorum.

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