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BOE-A-2026-12133 ·5 June 2026 ·Resolution Low impact
Tax

Companies in insolvency: attachments ordered by courts other than the insolvency court are null and void

The Directorate General for Legal Certainty and Public Faith confirms that enforcement actions carried out following an insolvency declaration are void if they are not authorised by the Insolvency Judge (Art. 143.1 TRLC). In this instance, the refusal of the Arrecife Land Registry to cancel an attachment issued after the insolvency declaration is upheld, as it was ordered by a Court of First Instance rather than the Commercial Court presiding over the proceedings (Art. 145.2 TRLC).

In 3 key points

  1. Nullity of enforcement actions against insolvency assets carried out after the declaration of insolvency (Art. 143.1 TRLC). (art. 143.1 TRLC)
  2. Suspension of enforcement or compulsory sale proceedings initiated after the declaration of insolvency (Art. 145.2 TRLC). (art. 145.2 TRLC)
  3. Cancellation of encumbrances existing prior to insolvency as agreed in the decree approving the sale or the transfer order (Art. 225.1 TRLC). (art. 225.1 TRLC)

How it affects those involved

For companies in insolvency, any attachment or enforcement measure issued by a court outside the insolvency proceedings lacks legal validity (Art. 143.1 TRLC). For creditors, this means they cannot enforce assets within the insolvency estate through orders from ordinary courts once insolvency has been declared; instead, they must channel their claims exclusively through the competent court handling the insolvency proceedings (Art. 145.2 TRLC).

Lifecycle

2026-06-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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