THE SPECIAL NATURE OF THE BANKRUPTCY LAW AND EXCLUSION OF STUDENT FINANCING CREDITS FROM THE LIQUIDATION PROCEDURE
DOI:
https://doi.org/10.29393/RD259-6ALNS10006Keywords:
Antinomies, Student financing loans, Act No. 20.720, Principle of normative specialty, Credit exclusion, Insolvency law principles, Financial dischargeAbstract
This paper analyzes the principle of legal specialty and its relationship to Article 8 of Law 20.720 on Insolvency and Re-entrepreneurship (LIR), used by creditors to request the exclusion of student loans from the Bankruptcy Liquidation Procedure (PCLB), arguing that student financing laws are special with respect to the LIR, thus resolving an apparent antinomy between them. The paper examines the prerequisites for the alleged antinomy and the jurisprudential solutions, with emphasis on the brief analysis of the debtor's insolvency—as a requirement for bankruptcy proceedings—and its consequences, which are contrary to the principles that inform them.
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Copyright (c) 2026 Natalia Salazar Morales
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