Читать книгу Retos y desafíos de las garantías reales - Abel B. Veiga Copo - Страница 37

For the purpose of having a complete discussion of all issues relating to security interests, the Secured Transactions Guide contains discussion of the treatment of security interests in insolvency. It also reiterates some of the key recommendations of the Insolvency Guide and adds a few new recommendations reflecting the policies of the Insolvency Guide. For example, like the Insolvency Guide, the Secured Transactions Guide recognizes that encumbered assets should be part of the estate and subject to the stay of individual enforcement actions15. In addition, like the Insolvency Guide, the Secured Transactions Guide recognizes that security interests should not extend to assets acquired by the grantor after the commencement of insolvency proceedings, unless they constitute proceeds of encumbered assets acquired by the debtor before commencement16.