Glossary entry

Spanish term or phrase:

alzamiento de garantías

English translation:

lifting or rescinding of guarantees

Added to glossary by patinba
Nov 26, 2019 16:09
4 yrs ago
15 viewers *
Spanish term

alzamiento de garantías

Spanish to English Law/Patents Law (general) Insolvency
Within the context of a lawsuit, the lawyer is explaining an unexpected debt, owed to a legal consultancy firm, which the new owner of a previously bankrupt firm had to pay:

"tal suma se había devengado con ocasión del alzamiento de ciertas garantías en el marco de una acción rescisoria cursada en el seno del proceso concursal"

From what I have seen, "alzar" can have completely different meanings depending on context, ranging from the concealment of assets to lifting an embargo, appealing against something and, of course, raising something, but I haven't been able to find the specific meaning for "garantías". The general suggestion is obviously that the legal consultancy firm was involved in the "alzamiento de garantías" as part of the "acción rescisoria" carried out during the bankruptcy proceedings.

Any help with either of these phrases ("alzamiento" and "acción rescisoria") would be appreciated!
Change log

Dec 2, 2019 17:32: patinba Created KOG entry

Proposed translations

+1
6 hrs
Selected

lifting of guarantees

mortgages and guarantees are usually lifted.

Readers' comments - The Economist
https://www.economist.com › node › all-comments
Why are banks so averse to raising equity? ... The question of when to lift the guarantee may be overtaken bye disappearance of any need for it. Cash rate is ...
A Networked World: Close the doors, turn out the lights
https://keynet.blogs.com › networks › 2008/11 › close-the-doors-turn-out-...
Nov 25, 2008 - The Mafia must be so P'ed off; instead of risking their butts with ... Even bank robber Willie Sutton (of "that's where the money is" fame) must be ... evaporate and the govt can lift the guarantee and/or sell at full price any assets ...
[PDF]Future Financial Supervisory Measures
https://www.bot.or.th › Thai › PressAndSpeeches › Press › News2540
The Ministry of Finance and the Bank of Thailand have undertaken ... institutions, public disclosure, the requirement that board of directors must ... the government may decide to lift the guarantee and replace it instead with a deposit insurance.

Turns out you've been playing Monopoly wrong your whole ...
https://www.indy100.com › article › monopoly-rules-board-game-auction-...
Nov 28, 2017 - The buyer pays the Bank the amount of the bid in cash and receives the Title ... In order to lift the mortgage, the owner must pay the Bank the ...
mortgage deadline - Board & Card Games Stack Exchange
https://boardgames.stackexchange.com › questions › mortgage-deadline
Feb 18, 2015 - Do mortgages go to the bank after three rounds? ... In order to lift the mortgage, the owner must pay the Bank the amount of the mortgage plus .
Note from asker:
Thanks for your suggestion. As you say, it looks like the term is quite common but I've used the more formal term of "rescind" as it's a legal text to be presented to a court. FYI I found this example of "rescind" (as well as others): https://www.bms-bond.com/wordpress/language/en/guarantee-management-in-insolvency/
Peer comment(s):

agree Luis M. Sosa
5 days
Gracias!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Sorry the grading was late - it wouldn't let me grade and then I forgot!"
27 mins

revocation/rescission of guarantees/security interests

I have seen both "revoking" and "rescinding" used in this context.
Note from asker:
Thanks for the suggestion. I used your terms for a more detailed search and came up with several examples, as you say, of "rescind". E.g. https://www.bms-bond.com/wordpress/language/en/guarantee-management-in-insolvency/
Rebecca - terribly sorry, I've just made a silly mistake and given the points to the wrong answer, as I wanted to give them to you! Shouldn't do things in a rush... Very, very sorry - and thanks again for your help
Something went wrong...
19 hrs

setting-aside of guarantees including collateral securities

- that have been defeated in *personal bankruptcy or corporate insolvency* by the receiver or liquidator acting for aggrieved judgment or execution-stage creditors.

Set aside is likely to work in most English Common Law countries.

acción rescisoria - normally on the Brit. Isles, not a unilateral remedy, but 1. mutual by the parties or odered by the court.
Example sentence:

It is important to emphasise, with regard to SI 2016/1024, r 10.5(5)(b), that all that need be shown is that a dispute exists. Actual liability need not be proven either way, which places a far lower burden of proof on debtors seeking to set demands aside

Note from asker:
Thanks for the suggestion. Unfortunately I'd already used "rescind" but I'll note it down for future translations!
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search