Two writs have shocked in the last week, civil society and the Spanish financial system. First, I will analyze the Order issued by Judge Mr JM Fernández Seijo's No. 3 in Barcelona. Auto resolve a person contest in 2007 and provides for the conclusion. The competition was to restructure its debt and avoid foreclosure widespread heritage by refusing to refinance the banks. The family could not reach an agreement at the meeting of creditors, despite having a reasonable proposal. Well, your creditor or person to the board, "only has the presence of a creditor representing just 9510 euros." This demonstrates the good faith of the debtor and the carelessness and negligence of financial institutions not to worry evaluate and propose alternatives to restore your credit and give a second chance to the family, which the companies usually do.

According to art. 176.1.4 of the LC, the contest ends when no real checks and rights of the bankrupt or responsible third parties. In this case, the contest was scored by chance (score usual contests individual) and the liquidation proceeded to the sale of the residence. In practice bankruptcy, the sale of the residence in liquidation usually coincides with the conclusion of a competitive family. In my opinion, here comes the main innovation seen so far.

Art. LC 178.2, distinguishes between families and businesses when completing a contest, to discriminate against individuals was incomprehensible. The bankruptcy law forgets its core and doomed to families in the settlement, condemning the principle of universal liability of art. S.C 1911 But the LC also requires this contest when you are insolvent. When housing is settled and closed the contest, other debts outstanding debtors are not satisfied, therefore, the same LC forces again to present the competition and the judge is obliged to declare. This Auto solves this "purgatory" that would never end, extinguishing the outstanding debt. The judge has granted a second chance, according to EU rules on "problems of over-indebtedness of consumers abuse credit responsibly and the right of the debtor in good faith to rebuild its economic life in similar terms to allow other laws of socio-economic Spanish. "

On the other hand, the Audiencia Provincial de Navarra, has been denied access to the Bank for continued execution against all the debtor's assets after the residence have been auctioned at 50% of the appraised value of the pending mortgage principal. The bank agreed when the credit granted before a notary, an appraisal for the purpose of auction. To be the same desert, the law allows this award is good for 50% of the appraised value. But that does not mean that the Court is pricing good for the 50%. No new appraisal is done, there should be award to 50. In Auto, the Bank argues, "the farm itself has a real value that is less than the debt claimed," and the judge decides, "should be contrasted with the self assessment is done in writing equity loan which formalized the parties, which is an act of the bank itself. " If the Bank in a few months sold that farm to a third party for an amount exceeding 50% of valuation, as in fact, would paralyze the liens? ¿Return the excess to the debtor? I think not. With these two cars I think the judges want to sleep peacefully.

 

Business survival is at stake. In crisis situations the company's cash is a priority and should be checked every day. As mentioned in previous chapters, the employer must convey a sense of urgency to his team for all its members to act quickly and accurately.

The following non-exhaustive, listed 10 tips to fix the problems in your company:

1. Tight control of the Treasury budget.

2. Divest unprofitable business units.

3. Increase your sales. Refine your marketing plan.

4. Control of default.

5. Refinancing bank debt.

6. Improve customer charges and payments to suppliers.

7. Adjusts the structure of the organization and outsourced.

8. Controls the quality of your product or service and know your customer.

7. Analyze your strategic plan Focus on the core business.

8. Be productive and innovative.

9. Applies the austerity. Download the salary and gives examples.

10. Controls the box again. Do not forget what is most important in times of crisis. Implement cash-generating measures.

Affected bankruptcy

On behalf of the Creditor, evaluate the situation of the debtor prior to the application for bankruptcy, and carry out the necessary actions to obtain the best possible defense of the interests of our customers and charging their credit.

The affected creditor has the option of communicating your credit to appear ADMINISTRATION Acon Bankruptcy or a barrister and solicitor to represent them and track the bankruptcy. Therefore legal services to an injured from MAB Legal & Corporate in bankruptcy are:

PRESENTATION OF YOUR CREDIT BANKRUPTCY ADMINISTRATION:

• Examination and review of the bankruptcy autos
• Check credit rating,
• Check credit declared by the debtor,
• Submit the necessary documentation to the bankruptcy ADMINISTRATION for proper classification in the bankruptcy.

MONITORING bankruptcy:

• You must grant special powers of attorney on behalf of our lawyers and attorneys for the defense of lsus interests in the bankruptcy;
• Presentation of your credit ADMINISTRATION bankruptcy with the necessary documentation,
• personación in bankruptcy by a barrister and solicitor,
• monitor all communications of the competition
• remedy or challenge acts in defense of your credit counseling prior to the competition
• complaint for breach of bankruptcy,
• attendance at the Meeting of Creditors,
• monitor the liquidation, auction and sale of goods.