Abstract

ABDALA, Martín E.. Lawsuit for Liability Due to Bankruptcy in Argentinean Law. Opin. jurid. [online]. 2012, vol.11, n.21, pp.105-116. ISSN 1692-2530.

Bankruptcy and Insolvency Law in Argentina foresees a special lawsuit commonly called lawsuit for liability due to bankruptcy, which main purpose is to protect bankruptcy equity; which can be filed against the managers and the commonly called accomplice third parties. Origin of this action assumes that managers have already executed actions which may affect the company's assets or allowed the company's insolvency. These actions should have been executed within a year before the initial date payments ceased. Imputation of liability can only be effective when willful misconduct has been proven. The lawsuit executed as an ordinary trial should be solved before the bankruptcy judge and is not subject to prior payment. Filing should be made by the receiver who should be authorized by the creditors. If the receiver fails to file the lawsuit despite having been called by the bankruptcy judge, any creditor with interest in the case shall be entitled to do it.

Keywords : Companies; liability of the company's managers; lawsuit for liability due to bankruptcy.

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