Case overview: Pro bono representation of two bankrupt people is provided by the assigned lawyers working with an economist and the Legal Clinic.  It will be argued that the Court should cancel the debts and give the two individuals the chance to start over in respect of their working life. One of the affected persons is a business person and so that case will be brought before the Commercial Court.  The other affected person is not a business person and so this case will be brought before the Court of First Instance. The purpose of this parallel process is to be able to analyse in a practical way the differences in the processing of the bankruptcy of people under the Second Chance Act, in each one of the aforementioned jurisdictions in order to propose measures that streamline procedures.

[12.03.2019]

On 12 March 2019, an application to initiate an out-of-court settlement in the case of the business person was presented to the General Secretary of the Chamber of Commerce. The following day, on 13 March 2019 an application for allocation of a notary via the list system was presented to the College of Notaries of Girona in order to appoint a bankruptcy mediator and/or progress an out-of-court settlement in the other case. These two applications implement the relevant mechanisms as set out in the Second Chance Act in relation to the two cases mentored by the Legal Clinic.