Reflections on Fraud Against the Law in the Concordat Proposals of Argentine Law

Abstract

The law fraud institute has not had a substantial development by the bankruptcy doctrine, which has focused all its efforts on understanding and limiting the scope of the concept of abusiveness. In the present work we intend to evaluate when, how and why a fraud of the law can occur in a proposed bankruptcy preventive agreement and then evaluate the alternatives available to the bankruptcy judge to address it. To limit the study, it is proposed to work with a specific case of fraud: when a shareholder of the bankrupt company appears as a creditor and the settlement proposal offers him the same treatment as the rest of the competitors.