Abstract

JEQUIER LEHUEDE, Eduardo. The first class of credits in the concursal procedure of judicial reorganization in Chile: the great absent?. rev.ces derecho [online]. 2017, vol.8, n.2, pp.352-369. ISSN 2145-7719.

Abstract The new Chilean bankruptcy law, No. 20,720 (D.O. of January 9, 2014), omits expressly referring to the credits of the first class in the judicial reorganization procedure of the debtor company. This omission has been understood by a sector of the doctrine and even by the Superintendence of Insolvency and 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 overcoming one of the main obstacles that is currently facing this procedure, in its sphere of practical implementation and in view of its economic viability for the proponent debtor. The research methods used are those of the social sciences, in particular, the historical, dogmatic and comparative methods. The first one is relevant for the review of the different modalities and nuances with which this subject has been approached and implemented in the Chilean Bankruptcy Law. The second one is aimed at the search, systematization and analysis of national and foreign bibliographic material on the subject, with a view to building a critical vision of national legislation on reorganization, classes and categories of creditors. In the third, the Chilean system is confronted with foreign legal systems that deal with this matter, analyzing the differences and similarities that exist between them.

Keywords : Judicial reorganization; first class credits; insolvency.

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