Corporate case law

Descalzo, Jorge Domingo Jesús s/ acuerdo preventivo extrajudicial s/ queja (National Commercial Court of Appeals, Chamber A, 14/02/2006)

The appealability of decisions entered in proceedings concerning an out-of-court restructuring agreement. The Commercial Court of Appeals examined the exceptional nature of appeals in insolvency proceedings and the need to balance procedural speed with effective judicial protection.

CNCom., Sala A14/02/2006

Case caption

«Descalzo, Jorge Domingo Jesús s/ acuerdo preventivo extrajudicial s/ queja»

What was at issue

The appealability of decisions entered in proceedings concerning an out-of-court restructuring agreement.

What was decided

The Commercial Court of Appeals examined the exceptional nature of appeals in insolvency proceedings and the need to balance procedural speed with effective judicial protection.

Extractable criterion

The Commercial Court of Appeals examined the exceptional nature of appeals in insolvency proceedings and the need to balance procedural speed with effective judicial protection.
The holding should be read in light of the legal interest protected in the area of APE proceedings and appeals, not solely by reference to the documentary form of the act.
Evidence of the specific facts and of their impact on corporate or creditor rights is decisive when applying the precedent’s doctrine to another case.

Citation: CNCom., Sala A, «Descalzo, Jorge Domingo Jesús s/ acuerdo preventivo extrajudicial s/ queja», 14/02/2006 — Jurisprudencia societaria y comercial

Practical application

It is practical authority for appellate strategy in APE proceedings.

Frequently asked questions

What is the main takeaway from the case?

The Commercial Court of Appeals examined the exceptional nature of appeals in insolvency proceedings and the need to balance procedural speed with effective judicial protection.

Does the rule apply automatically today?

No. The current statutory framework and the specific facts must be verified. Historical precedents retain doctrinal value, but later reforms may alter how they apply.

What should be proven in similar litigation?

The relevant corporate or commercial documentation, the parties’ conduct, the specific harm, and the facts connecting that harm to the central issue in the case: The appealability of decisions entered in proceedings concerning an out-of-court restructuring agreement.

Informational commentary on a published ruling; it does not constitute advice nor guarantee an outcome. Application to a case depends on its circumstances.

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