Principal directives of the reform to statute for bankruptcy by law 26684

Abstract

Legal statute for bankruptcy and contests, Law 24522, have been undergoing relevant modifications by laws 25589, 26086 and the deepest as well as most controversial reform was last year by means of Law 26684. The pattern introduces the worker in a new role, in the preventive creditors meetings as well as in the bankruptcy, giving them the power to check the company re-organization. The nodal aspects of the new order move around the eventual possibility that the joined employees under a work cooperative form, buy the company under a ¨cooperative rescue¨, or also obtain the title of exploiting the company in bankruptcy to be able to buy it at the transfer moment. The modification has so strongly impacted that the ideological debate has strength and legal deficiencies have entities enough to enable the doctrine to question its constitutionality, while workers maybe placed again face to face to a story of ¨Color Mirrors¨ that promises much but makes only a bit under the title of their rights. The paper analyzes the modifications and attempts a positive building of a judicial arrangement, without leaving aside deficiencies of the legal text but emphasizing that the worker has a new role in the contest law.