Debtor's Application for Consensual Private Debt Restructuring vs. Creditor Submissions

In a first-instance proceeding for consensual private debt restructuring under articles 333 ff. of the Debt Enforcement and Bankruptcy Act, a creditor submitted an unsolicited written statement which the presiding judge relied upon to reject the debtor's application, finding no prospect of success due to divergent views between the debtor and the main creditor. The appellate court upheld the debtor's appeal, reasoning that the right to apply for consensual private debt restructuring belongs exclusively to the debtor, not the creditors, making it a matter of voluntary jurisdiction where creditors lack party status in the initial instance, and thus their submissions cannot be considered, even though the final decision must be communicated to them.