La enajenación de unidad productiva en la fase común del concurso (a propósito del auto del Juzgado de lo Mercantil nº 8 de Madrid, de 20 de diciembre de 2013)

The sale of business or part of it usually takes place during the common stage of the bankruptcy proceedings, instead of through an agreement with creditors or through thr final liquidation of assets. The judge has the flexibility and discretion to adapt their authorization in the most appropriate way mainly in favour of creditors, but also for the conservation of business and the maintenance of employment. The judicial decree discussed highlights because authorizes the pursache of debt of the insolvent debtor by buyer and the compulsory transfer of the those contracts of the insolvent debtor that are necessary for the maintenance of the business.