The category of non - concurrent claims

Abstract

The category of non-concurrent claims is not recognized in Spanish Insolvency Law, neither in Law 22/2003 nor in the Consolidated Text approved by Royal Legislative Decree 1/2020 of May 5, but it has been recognized by the jurisprudence of the Supreme Court. These are claims filed after the deadline, once all possibilities for filing them in the proceedings have been exhausted (including challenging the list of creditors). According to Law 38/2011, which amends the regulations on notification of claims, claims that could modify the final list of creditors but are not filed in a timely manner in the insolvency proceedings are also considered non-concurrent claims. The Consolidated Text of the Insolvency Law establishes a filing deadline in Article 268, but with the penalty of subordination of the claim. Finally, non-competing claims also include those excluded from the list of creditors by the insolvency administrator or claims prior to the declaration of insolvency that choose not to participate in the insolvency proceedings. All these claims may be satisfied once the agreement has been fulfilled and declared his fulfillness, but subject to the debt reductions and payment deferrals agreed upon therein, or once the bakruptcy proceeding has concluded by liquidation of the assets with the new assets acquired by the ancien debtor (art. 1911 CC).