VULNERABILITY AND INSOLVENCY. PROBLEMS IN THE PROMPT REPAYMENT OF LOANS BY VULNERABLE PERSONS

Abstract

This paper analyzes the legal viability or inviability of applying the prompt payment mechanism (article 16, Argentina Bankruptcy Law nº 24,522) in a pre-bankruptcy proceeding to creditors in vulnerable situations. The study approaches the issue from the argumentative framework outlined in two precedents from the Supreme Court of Justice of Argentina, which are clearly contradictory given the different composition of the courts in each case. Reasons are provided for the position adopted, and the need for reform of Argentine bankruptcy law is highlighted, along with potential solutions.