Marta Duarte, Associate Coordinator of the Litigation Department at CCA ONTIER, spoke to SIC as part of a report on an insolvency proceeding that led a couple to lose their house of residence.
"All relevant acts that occur in insolvency have to be communicated to the direct interveners, among them the creditors ... The insolvency administrator’s action must always be for the benefit of the insolvency creditors", says Marta Duarte.
"We are dealing with non-compliance of formalities. The problem here is that the courts have been ruling that the insolvency administrator’s failure to comply with formalities on the sale does not lead to ineffectiveness of the act of sale itself", clarifies the lawyer of CCA ONTIER.