On Judgment no. 465/2015 of the Murcia High Court of Justice (Fourth Chamber) of 3 September 2015

The risk associated with security arrangements for a debtor’s pre-existing indebtedness stems from art. 71(3)(2) of the Spanish Insolvency Act (abbrev. LC) that presumes that these kinds of arrangements are detrimental to the insolvent’s estate and therefore, unless evidence is provided to the contrary, will be avoided by the insolvency practitioner if concluded in the two-year period preceding the opening of insolvency proceedings…