July 25, 2021

The number of bankruptcy proceedings soars



The number of contests presented in the fourth quarter of 2019, accounting for those presented in the commercial courts and those of natural persons registered in the courts of first instance and first instance and instruction, was 3,534, which represents an increase in 36.4% compared to the same quarter of 2018. Meanwhile, dismissal claims rose 15.8%. Of the total tenders submitted, 1,576 corresponded to non-business individuals, 44.6% of the total, with an increase of 65.5% over the same quarter of 2018, while companies submitted 1,958 competitions, 19.5% plus.

Catalonia was the community where there were more competitions in the commercial courts, with 624, which represents 31.9% of the total. They were followed by the Valencian Community, with 279; Madrid, with 273; and Andalucía, with 215. The number of contests declared in the fourth quarter of 2019 in the Commercial Courts was 1,194, with an increase of 27.3% over the same period of the previous year. To this figure are added the 547 contests declared and concluded under the protection of article 176 bis 4 of the Bankruptcy Law.

In the fourth quarter of 2019, a total of 98 competitions reached the agreement phase, while the 805 liquidation phase began, 9.1% more than in the same quarter of 2018. Regarding the files of article 64 of the Bankruptcy Law, relative to the substantial modification of collective working conditions (ERE), 97 files have been submitted, 4.3% more than in the same quarter of the previous year.

Increase in dismissal claims

In the fourth quarter of 2019, 31,561 claims for dismissal were filed, 15.8% more than in the same quarter of 2018. Catalonia (with 5,904, 18.7% of the national total) and Madrid (with 5,453 claims, 17 , 3%) were the communities in which more demands of this type were presented. They are followed by Andalusia, with 4,687 and the Valencian Community, with 3,969. The number of claims for quantity claims registered in the social courts, 34,857, was 10.7% higher than those filed in the fourth quarter of 2018. Of these, 6,515 were filed in Andalusia, 18.7% of the total; 5,930 in Madrid and 4,104 in Catalonia.

On the other hand, the monitoring procedures presented in the fourth quarter of 2019 in the courts of first instance and of the first instance and instruction were 201,895, which represents an interannual increase of 28.3%. The greatest use of this type of procedure was in Andalusia (38,392), followed by Madrid (29,621) and Catalonia (27,400). The CGPJ also reports that European monitors continued to maintain strong interannual increases, since 8,587 were presented, 345% more than in the fourth quarter of 2018. Of these 1,661 were presented in Andalusia; 1,357 in Catalonia; 1,196 in Madrid; and 964 in the Canary Islands. The monitoring procedure serves to claim liquid monetary debts, determined, overdue and enforceable, and include the amounts due for common expenses of communities of urban property owners.

Decrease in foreclosures

Foreclosures experienced during 2019 a significant decrease of 36.5 percent to reach the total figure of 17,411, the lowest recorded since 2008. The releases also decreased, both those derived from the application of the Law of Urban Leases (LAU) such as those derived from foreclosures. The total of releases was 54,006, 9.5 percent less than in 2018. These data are collected in the report ‘Effects of the economic crisis on judicial bodies’, which today has made public the Statistics section of the General Council of the Judiciary (CGPJ). Of the total 17,411 foreclosures initiated during 2019, 3,971 were filed in Catalonia. It is followed by Andalusia (3,292), the Valencian Community (2,561), Madrid (1,583) and Murcia (960).

As for the releases, 67.5 percent of the total, 36,467, has been the result of procedures derived from the Urban Leases Act, while another 14,193 (26.3 percent) were derived from foreclosures. The remaining 3,346 were due to other causes. Unpaid rent releases experienced a year-on-year decrease of 2.2 percent, while foreclosure derivatives fell 25.1 percent. The launches affect different types of real estate, not only housing and, in the case of these, not just regular housing.

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