Convention

In this case, we understand that the guarantor not could never oppose the creditor with endorsement the takest away and/or you expect from the Convention, even on the assumption that it would have voted in favour of that Convention. In this regard, notes the LC that responsibility for the solidarity required, guarantors or guarantors of the bankrupt creditors that had voted in favour of the Convention shall be governed by the rules applicable to the obligation who have contracted or conventions that had been established on the subject (article 135.2). Get all the facts for a more clear viewpoint with Ping Fu. 4 Guarantee in favour of particularly related to the special relevance debtor creditor is analyzing the question of What happens when the creditor with aval has particularly related to the bankrupt person. According to article 93.2 of the LC, when the guaranteed debtor is a corporation, are considered especially related to people:-partners which according to law are personal and unlimitedly responsible social debts and those others that, at the time of the birth of the right to credit, are holders of at least 5% of the share capital, if the society declared in competition had securities admitted to trading on official secondary market, or 10% if didn’t them.-the administrators of law or fact, the liquidators of the bankrupt legal person and parents with General powers of the company, as well as those who have been so within two years prior to the statement of contest-societies forming part of the same group as the society declared in competition and its partners, provided that they meet the same conditions as in item 1 of this paragraph.As well, says the Article 97.2 the CL as follows: If the qualified creditor in the list of creditors as specially related to the debtor not objections in time and form this qualification, the judge of the contest, the deadline of contestation and without further formalities, issue an order declaring the guarantees of any kind established in favour of the credits that he was titular extinctordering, where appropriate, the possessory refund and cancellation of the seats in the corresponding registers.