Episode Transcript
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The Conqueror. The most extensive ritpresents gum Reborn the direct and close broadcast
of companies and entrepreneurs to face difficulttimes that we are always living at this
time in the Conqueror and available onvideo through our social networks. Start now
Chile Renacen, friend and friends,how are you doing very good afternoon welcome.
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I greet Tomás Cox. We arein a new chapter of Chile Renace.
Chile Reborn chapters two hundred and ninety- six for this Tuesday, July
thirty, of two thousand twenty-four. Every Tuesday of the year Chile
Renace with the direction of Don Fabiánare Huet avilés. We are always on
Tuesdays and always talking, interviewing,communicating with entrepreneurs of different facets and in
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this opportunity we have two distinguished professionals, Doña Catalina León, Doña Vidiana Raffo.
They are members of the legal studyClaro, legal study resource debtor protection,
debtor protection resource. There they areon clear screen, Doña Viviana and
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Doña Catalina. Nice to greet you, nice to meet you tell us about
your professional history and the history ofdebtor protection resources. We listened to them
very carefully. Good afternoon Good afternoonto all the auditors. Resource debtor protection
was born approximately seven years ago,with the mission of being able to provide
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a defense to all those persons andcompanies that give in the difficulty of being
able to pay their financial obligations,those persons companies that cannot pay, all
those to credits or that cannot solvethem, And from there we create a
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defense, that is a preventive defense, an integral defense. The idea is
to be able to grant a rangeof procedures that are effective and that allow
all these people and companies to resolvetheir dissolving situation, and this in an
integral way. This means that wecan carry out an analysis of the entire
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debt situation of a client in orderto determine which procedural strategy is the most
appropriate for his situation and from therepropose an effective defense. There is already
a range of procedures that can beused to enable people to solve this problem,
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which is a problem that we knowmany families suffer, many people suffer
and many companies are also complicated bynot being able to take on the financial
obligations they have. From there,we plantins say this legal study as a
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study that aims to be able tofavor the people and the companies that are
in complex situations with the credits andall this situation of indebtedness that is affected
by the majority of society. Andyou could detail us. You see who
gives the answers. Very calmly.We' re in Chile. Renace radio
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conqueror for Chile and the world throughthe platforms to carve the procedures without giving
specific time or to make known thedifferent strategies, but what are the procedures,
so easily understood by all the auditors. Dear friends, I would like
Catalina, as the lawyer- in- chief of the legal study, to
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be able to explain clearly what theseprocesses are that we can carry out with
our clients. Perfect, Catalina León, great pleasure, our taste to all
the auditors here, Catalina León,I am the chief lawyer of the judicial
area, of the legal study orrecourse of debtor protection, and, as
explained Viviana, we have two formsof integral defense properly. The first of
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these is this preventive defense of theVidiana cove, which is basically to seek
constant monitoring prior to legal proceedings againstpeople. This in order to be able
to foresee that we go to ajudicial instance, which is what like any
lawyer or any court in this countrymakes that in the last instance in which
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we want to arrive we always tryto seek a prevention to this. And
second, it' s the processitself, when already people, when already
the creditors that pursue our clients havealready started a legal action against them.
Therefore, they contact us and weseek through a study, which we make
of their causes, of the differentcreditors, of the kind of debts they
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have. We put forward a legalstrategy, different strategies that we will always
be looking for the solution that ismost efficient, the fastest to give the
most optimal solution possible. Some ofthe procedures in which we don' t
have mainly are just debts after prescription, for example. We have different forms,
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either by making exceptions to lawsuits orsome incidents that we might understand as
accessory things that are going out intrials. While it is a bit complex
to explain this legal terminology for somepeople, but we, when we attend
our client, try to explain itas if they say juent hileo buys us
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and apple. We are trying togive them this wisdom that it is not
only a question of talking about legalconcepts and norms, but also of explaining
what this procedure is going to consistof. We have issues such as incidents,
such as abandonment of proceedings, wherewe have managed to get through an
incident that was filed within a causeto arrive. The creditor is obliged to
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abandon this procedure. Therefore, hecannot persevere in this, which is a
benefit to the client, because,therefore, he has already given us his
creditor, he has no longer beenable to pursue him anymore. With regard
to a widow, we have otherforms of exception, such as prescription,
which some people understand, which isthe transfer of time with some certain requirements
that the law requires. That waywe get these debts extinguished over time.
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We have exclusions, however, whenwe already find that people are within an
embargo process, that when we getto the instance, the client contacts us
and is very advanced from this,that we are already in a stage of
embarkation, there are already the committedassets of the people, that we also
have a legal strategy to be ableto exclude this embargo. We have matters
like protection resources. When the compensationboxes make discounts by means of the sheets
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of people, that is, differentlegal strategies that we have to be able
to face the situation explained by Viviana, which is a very common situation,
very from the beautiful day to day, that is, people today are indebted.
It is a reality in all countriesincluding Chile. Therefore, we have
a range of possibilities and procedures tobe able to directly attack creditors and achieve
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a positive result. Sure, sure, what' s interesting? What'
s interesting? Catalina, Catalina,what could you add to Viviana' s
exposure, the commitment of the legalarea, which is what I can focus
on. Precisely we seek, inaddition to providing a solution to customers,
an immediate response. To our client, that is, the person who contracts
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with us, will have comprehensive advice. What are we talking about? With
comprehensive advice it is a direct contactat all times, in addition to a
monetoreo. Here all the legal teamthat works, that we work several lawyers,
together with our attorneys we try tomake this a contact that is from
minute one until we get a positiveresolution. The client will always have access
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to us, he will always beable to host a meeting, either he
appreciated, they will always be ableto find us, we will always have
access for them. And that's the legal commitment we have. Give
them an effective solution, give themsolutions, give them a positive procedure,
explaining the step by step. Thereis no abandonment of customers here. It
is not that the client is contactedand is not further explained about the procedure,
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they are given the legal strategies,they are explained how they cannot understand.
And that' s what we're up against. With our commitment
as a legal area, we tryto make this an integral defense, which
is what we call clear yes.We' re talking to Catalina León and
Viviana Raffo. They are lawyers membersof legal study, resource debtor protection that
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we are in Chile. Chapter twohundred and ninety- six is reborn for
this Tuesday, July thirty, twothousand twenty- four. Who can approach,
as we say always the real worldfrom Monday to Friday, from 13
to 14 hours, either one andthe other, or there are others or
there are no certain barriers. Ithas to be relatively big problems, important
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ones of very very very very,very strong resources, or they can be
very humble people, very simple peoplewho have had stumbles, which is very
common, to put it in someway, and who need your help.
How it is. The legal studyreceives all kinds of clients without exclusion.
There are no prerequisites here, thereis no evidence to be generated to see
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whether or not the customer can becared for by us. That has no
distinction. If the client contacts us, the first thing that will generate an
interaction with a legal adviser. Thisadvisor is going to be an assor who
' s going to be accompanying himthroughout his defense process. Customers are permanently
in contact with all areas of thelegal study and since they are very small
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debts or billionaire debts. We havecustomers who owe very little, but no
matter how little it is, theyare customers who feel complicated because they cannot
bear the cost of the debts theyassumed at one point. There are also
customers who have a very good situationand who can and who have companies and
who generate millions of debts that atone point also cannot absorb them. So,
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here the legal study is open toputting forward procedural strategies independent of the
type of client and the type ofdebt. It will always be possible,
as Catalina said, to analyze inan integral way and always be able to
solve the totality of the debts,because the client, while interested in being
able to solve the debt, initself also the client wants to rehabilitate in
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the financial system. The study theydo in lawyers is a comprehensive study,
because they absorb the totality of thedebts, they propose procedural strategies for all
the debts because if there is onlyone outstanding, however small, the client,
does not reborn in the final system. That is why we propose this
integral defense, because it integrates allthe processes, all the debts and all
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the actions that the client requires inorder to reach a final goal and that
is to be rehabilitated again in thefinancial system and not to be drowned by
these debts that can no longer beassumed and that generates family complications. That
is, within the cases that wehave, we have positive results with people
who have decreed in barges of theirhomes, of family houses, where their
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families live, where their children live. Then it is not only stigmatizing the
debtor as a debtor who did notwant to pay because he did not want
to be irresponsible, there are nosituations of real dissolutions that cannot be assumed
and that bring a family risk,that endanger goods that are necessary. Then
you have to take it super seriously, and that is also the responsibility of
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the legal study. Here we haveseveral principles and mainly to be a support,
not a home, in a solution, and from there we also want
to leave invited all those auditors whofeel troubled with their debts, to write
to us, to call us,to review our social networks. We will
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support them, we will advise themand we will try to propose the best
strategy based on their needs, butalso on those that involve protecting them,
as well as their heritage. It' s a fundamental thing for us.
Of course we are living in areality in Latin America and Chile, by
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all known. This has to dowith ideology, but it has to do
with reality, situations due to verydelicate economic situations, very unstable, since
October of the two thousand nineteen andforward the pandemic. In short, all
Chileans know this is growing, theybelieve the difficulties of individuals, SMEs,
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medium- sized enterprises and large companiesare increasing. Or he' s stabilized
a little bit already. The reality, the truth, which is something that
we see people are going to increase, Although at some point before the pandemic
they had more solvency and that iswhy much more entrepreneurship began after the pandemic,
a complication was generated and that hasto do with how to address this
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that at some point was a boomand that after, after the pandemic,
after the social outbreak, after thewar, there began to be a drop
in economics. And that wasn't just here in Chile, but it
was worldwide, and that' shere in Chile. We see it precisely
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in that there are many clients whoenter the legal study, resolving doubts,
wanting to have clarity what to dowith processes already initiated at the moment where
they need to be defended already,because already the creditors have demanded them and
there in creation. He is notinterested in subjective reasons, that the gentleman
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was put to rest, that thefather of the family died. He is
interested in being able to collect adebt that was generated at some point,
which is also valid, but itis also important to understand that factors arise
that generate that people cannot. Andthat' s where the legal study comes
in and that' s why thedebtor protection resource also comes in because the
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idea is from there to be asupport, to be a protection and to
be a real protection. That isto say that it is not left in
the discourse, but that it isseen in concrete things, in objective procedures,
in compliance with the deadline, inreal strategies. All of a sudden
it happens just as much information goesaround that customers come up with an idea,
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and that idea is not legally viable, because it puts them at a
disadvantage. And that is where thelegal study proposes different strategies, different situations
until reaching a consensus also with theclient of what is best for him,
for his patrimony and for the proceduralsituation of his debt. Sure. Of
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course, Talina León, lawyer,head of certain appeals, distinguished debtor protection,
legal study Chileans in general. TheChilean in general is more cautious in
the levels of indebtedness or people ingeneral become indebted and throw themselves into the
pool without worrying about how much wateris in the pool. I believe that,
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as Viviana rightly said, there hasbeen an excess of indebtedness, but
it is not always voluntary. AsViviana said, debt always comes from the
hand of something super subjective, ofnecessity and just like that, people also
seek a solution, that is tosay they turn to us for a solution
to their problems. As Viviana alsoput it. Sometimes the creditor does not
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see the subjective ones, not thenecessity behind suddenly wanting to be debuted,
sometimes to save the company, sometimesto save his family, sometimes to save
his assets, etcetera. But wealways try to give them the reality of
what is happening. I mean,we don' t tell customers that here
in a short process, they're going to be able to get out
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of all their debts and this isgoing to be the pink ones. Let
' s go to reality, let' s go to what the courts do.
We, as lawyers, have aresponsibility to pass on the message to
our clients about how the courts ofjustice, the courts of justice in different
areas of the country or those thatare more collapsed than others. Therefore,
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there are ones that respond in differentways. That is why, precisely this
series, this range of juridical strategiesthat we give them, as well as
we also try to make the Tribunalunderstand that, in fact, there are
other subjective backgrounds behind us, throughthe different mechanisms that the law is giving
us. We' re trying tomake the Tribunal understand that this can'
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t be because we' re protectinga good here. This good can serve
for a family to live. Ido not know a car that is being
tried to seize this car through anembargo exclusion, for example, this car
is the one with which a familyworks, a clear company. Therefore,
we always try to make the Tribunalunderstand a little bit, which is the
one who can give us a littlebit of this subjectivity, that creditors suddenly
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omit them to be able to makethem understand that there are people behind them.
We' re not machines, Imean, there' s people who
are doubting each other and no onewants to voluntarily debt everyone. We would
like to be able to pay offall the debts, all the fingers we
carry with the different creditors exactly.There are many foreign clients of you,
first, and second, there aremany debtors of CAE that are stuck there
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with the situation that all Chile knowshow that is. They approach you In
these two areas we have many verycomplicated foreign customers, also because they do
not understand how the system works andalso weary people who are debtors of the
CAE. The important thing is thatclearly within the range of debts there are
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also. That is also part ofthe work we do. We do not
exclude by type of debt, becauseall debts can be resolved through different procedures,
through the statute of limitations or thelaw of dissolving and or re-
emprenderment. Everything has a solution,everything has a strategy. But of course
and what I have to see aremany foreign clients, mainly there are Indians
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who have debts here in Chile,mainly with commercial houses and some that others
with technical institutes, they are alsoprofessionalizing themselves, they are studying and they
have debts with respect to these educationalinstitutions, with respect to the CAE,
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there are, but I do nothave in the retina that they are much,
but in part also of the debtsthat we also solve. Sure,
sure, sure. In the secondswe have left, in the minutes we
have left, they want to saysomething, a reflection, an invitation to
some Chileans. And, well,we have clients, you have clients and
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auditors, we have us all overthe planet through social networks. They would
like to reflect, to invite somethingto explain the second minutes we have left,
Viviana and Catalina, first trying toprevent people who are debtors from feeling
stigmatized and embarrassed. This is somethingthat happens, that is common, that
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is everyday and that can happen toall of us. From there, the
legal study is open to receiving allyour doubts, all your concerns, so
that we can ask you responsible certainsolutions and you will always be welcome to
the legal study. We are locatedin streets closing seventy- three Office eight
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hundred and four in Santiago census ourssteps from the metro University of Chile.
They are already on the social networksarranged here on the radio and are all
welcome to communicate with us, andthat is to thank the space, to
thank each of the auditors and alsoto thank you Catalinas. We also wanted,
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apart from the invitation, the wideinvitation that we are making. Also
thank the customers we already have,the people who already trust us, that
many I imagine they may be listeningto right now and we are many customers
who are entering us every day.We have contacts, we always try to
stay with them. Therefore, athank you to them who trust us,
who place their trust. These arestill trusting charges. It' s actually
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handing over access to debts, whichyou don' t want to talk to
everyone all of a sudden and handover to a legal team that we think
we' re doing the best wecan. We have had very positive sentences,
very happy customers, very satisfied.Therefore, this invitation also goes hand
in hand with thanks. Thank youto those who have made this study grow
and I have come to where itcame from. Of course I do.
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Doña Catalina León, lawyer, chief, Doña Viviana Rafo, members of legal
studies. Of course I do.Resources, protection, recourse, debtor protection
for this Chile reborn chapter two hundredand ninety- six for this Tuesday thirty
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July two thousand twenty- four.We appreciate your time, we appreciate your
willingness. We are in conquering radio, always at the command. Thank you
very much and, as we say, always for years I say hearts and
very kind nothing hearts. Thank youso much for the space. Thank you
very much, h Clau, ahug. Thank you so much. The
conqueror the extensive gum rhythms presented Kingchingle. The vision is born direct and
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close to companies and entrepreneurs to facethe difficult times we are living, also
available on our social networks. ChileReborns in Conquistador