Recent case law regarding Court homologations under the Spanish Insolvency Act: A new route to bind dissident creditors in Spanish pre-insolvency restructurings?

The regulation on Court Homologations has been subject to different interpretations due to its lack of clarity. Its literal wording is unhelpful and unclear and thus market participants, and Courts, are having to interpret it on a case by case basis. At this point case law is becoming relevant to understand which interpretations seem to be prevailing, although contrary resolutions cannot be disregarded.
&nbsp,
This note aims to briefly identify some of the issues which the said Court resolutions have established as regards the Court Homologation. For the purposes of this note the term «Insolvency Act» or «SIA» shall refer to Law 22/2003 as amended from time to time.