July 5, 2010 Ruling of Madrid Commercial Court no. 6: Pension Plans Are Excluded From the Bankrupt’s Estate

6 September 2010

Madrid Commercial Court no. 6 has declared that the pension plans held by debtor are excluded from the assets of the bankrupt’s estate and cannot be subject to either withholdings or attachments.

According to the ruling, this is due to the fact that although participation in a pension plan can be economically valuated, said rights are not legally available at the participants’ will. The law prohibits transfer, taxing or retrieving said rights at whim, which means that they cannot be attached nor included in the assets of the bankrupt’s estate until the date of retirement or until there are legal grounds which allow access to the capital funds.

If these circumstances occur during the insolvency proceedings, the capital of the plans would be included in the bankrupt’s assets. And, in the event that these circumstances occurred after the proceedings had drawn to a close, in order to recover the capital, there would have to be a request to reopen the insolvency proceedings or, in the event of death, open insolvency proceedings for the inheritance.

For further information please contact Ana Lizano: alizano@mmmm.es