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BANKRUPTCY LAW REINSTATEMENT: CAN A DONATION BETWEEN FAMILY MEMBERS BE RESCINDED?

Por Diego Ricardo Molinari Chiarappa / 13 de noviembre de 2025

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📎 Bankruptcy Law Reinstatement: Can a Donation Between Family Members Be Rescinded?
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👉 Reinstatement Actions Against the Debtor’s Family Members: Legal Analysis and Bankruptcy Practice
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💬Within the framework of bankruptcy proceedings, reinstatement actions constitute an essential tool to preserve the integrity of the debtor’s estate and ensure equal treatment among creditors. These actions allow the annulment of acts carried out by the debtor before the declaration of bankruptcy that have harmed the estate, especially when performed with related persons, such as family members. ✍️
Legal Basis and Purpose
Reinstatement actions are regulated in Articles 226 to 235 of the Consolidated Text of the Bankruptcy Law (TRLC). Their purpose is to prevent the debtor, in imminent or current insolvency, from performing acts that favor certain creditors or divert assets from the estate that should respond to debts.
When these acts are performed with closely related persons, such as direct family members, the law presumes harm to the estate, facilitating annulment. This presumption operates iuris tantum, meaning contrary evidence is allowed, but it shifts the burden of proof.
Who Are Considered Related Family Members?
The TRLC considers the following as closely related to the debtor:
• The spouse or domestic partner.
• The debtor’s ascendants, descendants, and siblings.
• Relatives by consanguinity or affinity up to the fourth degree.
• Persons with whom the debtor has had a significant cohabitation or economic dependency relationship.
This connection also extends to companies in which the debtor or their family members hold significant participation or control.
Rescindable Acts and Presumption of Harm
Acts carried out with family members within the suspect period—generally the two years prior to the bankruptcy declaration—may be subject to annulment if presumed to have harmed the estate. Typical examples include:
• Donations or gratuitous transfers of assets.
• Simulated sales or sales at prices significantly below market value.
• Debt cancellations without consideration.
• Establishment of guarantees in favor of family members without justified cause.
The law presumes harm in these cases, meaning it is not necessary to prove it for the action to succeed, unless the family member can demonstrate that the act was performed under normal market conditions and without intent to defraud.
Procedure and Effects
The reinstatement action may be exercised by the bankruptcy administrator or by creditors with judicial authorization. It is processed as a bankruptcy incident and may conclude with the annulment of the contested act.
The effects of a favorable outcome include:
• Restoration of the asset or right to the estate.
• Reimbursement of benefits received by the debtor.
• Reclassification of the family member’s claim as subordinated if collusion or fraud is proven.
Practical Relevance and Precautions
In practice, reinstatement actions against family members are common in bankruptcies of individuals and small family businesses, where asset relationships are often intertwined. The bankruptcy administration must carefully analyze transactions carried out within the family environment, as they may conceal asset-stripping acts or preferential treatment.
For the debtor’s family members, it is essential to properly document any transaction carried out during the suspect period, justifying its market value and the existence of real consideration. Otherwise, they risk annulment of the act and subordination of their claim.
This analysis highlights the importance of reinstatement actions in the debtor’s family context, both from the perspective of protecting the estate and ensuring fairness among creditors. Future articles will address relevant case law and defense strategies against these actions.
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⚓️ Bankruptcy Law reinstatement, related family members, presumption of harm, rescindable acts, estate assets, bankruptcy proceedings, suspect period, subordinated claims, bankruptcy administration, asset fraud, annulment of acts, burden of proof, legal linkage, restitution of assets, procedural defense.

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