Long live administrative simplification: towards an automatic cancellation of debt for bankrupt natural persons?
Insolvency
In a ruling of 21 October 2021 the Constitutional Court annulled the three-month time limit for bankrupt natural persons to submit a request for cancellation of their residual debt (art. XX.173, ยง2 Code of Economic Law). The Court held that this time limit violates the constitutional principle of equality, and is at odds with the finality of second-chance entrepreneurship of book XX Code of Economic Law. This jurisprudence was discussed in a previous newsletter, which you can read here.
28 June 2022
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This article is available in Dutch and French.