Protecting vulnerable stakeholders in insolvency proceedings: A Latin American perspective

Abstract

This article revisits and amplifies the concept of vulnerable claimants by integrating human rights and resilience discourses into insolvency proceedings, particularly in the Latin American context. Because existing models usually assume equal claimant capacities in the insolvency arena, I propose a correction through nuanced resilience-based tests—absorption and adaptability—stepping forward from procedural corrections based only on information asymmetries and participation costs. Drawing from some examples in regional case law and regulations, this proposal aims to grant a more robust framework to offer tailored measures for lawmakers to protect the dignity and fundamental rights of vulnerable stakeholders and set standards for responsive States.