The present job conducts an analysis of the faculties that a Board of Creditors froma company in bankruptcy and their limits in the light of the Constitutional TribunalSentence on File N° 00228-2009-PA/TC, in which the Empresa Agraria ChiquitoyS.A.’s shareholders demand is well-founded and orders for his rights, from which hehad deprived when an accordion operation (reduction of capital to zero and increaseof capital in a simultaneous way) as such to be returned, with capitalization of thecompany’s shareholders’ credits.