Mateo Juan, managing partner of Buades Legal, has published a new article on the Consumer Law Blog of the General Council of Spanish Lawyers, in which he analyzes a key conflict in the field of bankruptcy: can a creditor seize the debtor’s primary residence during the payment plan compliance phase?

In his article, Mateo addresses the tensions between the creditor’s right to enforce their claim and the need to guarantee the debtor a minimum level of stability, especially when the home is the only one available.

The article reflects on the principle of good faith, the role of the insolvency judge vis-à-vis the enforcement judge, and the importance of preserving the effectiveness of the second chance system without undermining the rights of the creditor.