(Pontificia Universidad Católica del Perú, 2024-11-19) Barboza Flores, Juan Ramón
This article addresses the problem noted in the Peruvian Bankruptcy Law: the bankruptcy authority has been unable to neutralize payments of bankruptcy credits made outside the rules of bankruptcy. We are faced with the need for debtors to continue with business activity, to generate greater wealth and not increase the crisis they are going through, while we are faced with the possible denaturalization of the bankruptcy procedures. To address this problem, the author will propose the implementation of a regime of action that allows the balance between the need for payments and the bankruptcy procedure.
(Pontificia Universidad Católica del Perú, 2024-11-19) Enrique Palma Navea, Jose Enrique; Cervantes Villacorta, Carla
The article analyzes from the perspective of bankruptcy law, the credits generated by relations of a commercial nature between a debtor subject to bankruptcy and its creditors. It also develops the evidentiary requirements necessary to prove before the Peruvian insolvency authority the origin, existence, legitimacy, titularity and quantity of this type of credit, in order that the holder of such credits may obtain the recognition of its credits before the bankruptcy authority, within the framework of the bankruptcy procedure. The analysis is made on the basis of diverse Indecopi jurisprudence.
