Category Archives: Uncategorized

Category Archives: Uncategorized

In these days of absolute uncertainty, in which all the recipes that are tried to apply to save our troubled economy from market turbulence are failing in the face of the rigor of our very serious and hardworking partners from Northern Europe, led by Germany, I can not stop thinking about the self-destructive tendency that the German people have always had.

I think we can say, without fear of making a mistake, that if someone benefits the Euro, it is undoubtedly Germany, which has made all its neighbors, lazy or not, unable to compete against their organizational capacity and productivity levels. if they have to fight with the same weapons.

A politician in Wonderland

A politician in Wonderland

Do you remember Alice’s rabbit in Wonderland? The poor man was always desperate, arriving late everywhere. Well, it seems that our entire political class must be a direct descendant of the aforementioned rabbit, since it has the rare virtue of always being three steps behind events, so that the tsunami always reaches them when they thought they were safe from it. , and then it is impossible to control.

This reflection comes on the occasion of the unfortunate case Bankia, probably one of the biggest scams in the history of Spain and in which, again, politicians as representatives of citizenship, instead of having been at the forefront of the problem demanding .. .
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Bad times for refinancing (insolvency)

Bad times for refinancing (insolvency)

After several parliamentary vicissitudes, the BOE of October 11, 2011 published Law 38/2011, of October 10, on the reform of the Insolvency Law.

The first thing that draws attention is that some precepts of this Law came into force the day after its publication in the BOE, that is, on October 12, 2011, which coincided with the Pilar festivity. Among the sections that came into force immediately highlights those called by the legislator “pre-insolvency institutes” consisting of refinancing agreements.

One of the main novelties that has introduced the reform of the Bankruptcy Law is the possibility that the Judge approves the refinancing agreements if a series of …
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About the Majority who DOES pay their mortgage

About the Majority who DOES pay their mortgage

If until recently the concept of giving in payment of the loans with mortgage guarantee (the extinction of the debt before the delivery of the property) was used almost exclusively in the legal field, today-fortunately-has been extended and is used for the majority of society. Such has been its scope, that in recent elections, has even been included in some of the electoral programs as a promise to the consequences that is generating the current economic-financial crisis.

My intention is to observe the dation in payment from another perspective, taking into account a type of borrowers that nobody has mentioned and who can bring all the light to this debate, because it is a great majority, about its adequacy …
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Towards a rationalization of residential construction

Towards a rationalization of residential construction

The other day a client, whose construction company is in bankruptcy situation for almost three years, told me with impotence that the banks are making a true unfair competition to the promoter who intends to do things well, make their own decisions and go afloat. Any new project or any asset sale does not find financing under acceptable conditions, and, therefore, there is only one way for these companies: “Or stay stopped or burst prices.”

At this point, no one doubts that financial institutions are the most responsible for the collapse of the Spanish real estate sector, as they extended their own traditional activity and assumed …
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The Catalan legal profession proposes the modification of the mortgage reform for the benefit of the debtor

The Catalan legal profession proposes the modification of the mortgage reform for the benefit of the debtor

A few days ago, and within the framework of the current reformist trend in the regulation of foreclosure, the Consell de Col·legis d’Advocats de Catalunya (CICAC) has presented a proposal for legislative amendment with the aim of protecting the position of the Mortgage debtor facing the execution of the mortgaging bank.

In summary, the spirit of the proposal is to strengthen the debtor’s position, fixing the value of the adjudication of the home in the auction derived from the execution at a minimum of 80 percent of the appraisal value.

The main consequence of all this translates into the modification of article 579 of the Law of Civil Procedure. So, this modification …
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The reform of the Bankruptcy Law

The reform of the Bankruptcy Law

The proposal for a preliminary draft Law to reform the Bankruptcy Law has recently appeared, which is the result of the work of the commission created for this purpose. This is the second reform to which we want to submit our “young” bankruptcy rule, after the one carried out in March 2008. In any case, it is a preliminary document, which must still pass many procedures before becoming Law and that, undoubtedly, will undergo modifications more than remarkable.

The reform addresses a myriad of small changes of a procedural nature, or drafting multiple articles of the current Law that, in practice, what they do is adapt the text of the Law to the way it came …
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The Spanish construction sector, Miracle or mirage?

If something can go wrong, it goes wrong. Unfortunately, this proverb can be perfectly applied to the current situation of the construction sector in Spain. Sometimes, when analyzing the current economic crisis in our country, we tend to think that the situation is equivalent to that of other jurisdictions, and this approach is based on an erroneous premise as it forgets that the current crisis has some peculiarities that have hit especially the Spanish economy.

On the one hand, the financial crisis has not affected Spanish banks so severely as it has done with banks from other jurisdictions. Fortunately, our banks were not so …
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Investment opportunities in times of crisis

Investment opportunities in times of crisis

After so many years of economic boom and growth above the European average, the crisis has come to establish itself among us for a difficult time to determine. Some analysts a few months ago talked about a period of two years but, examining their predictions in detail, we realized that the only reason to talk about a period of two years was that predictions never go much further. The only certain thing at this moment is that the market has changed radically and, with that, the way of approaching it by investors, especially venture capital.

Courts.- They agree that a trial is held against the ex-owner of Aifos for passing goods to another company

Image result for criminal court of malagaThe Criminal Court number 8 of Malaga has agreed that a trial be held against the former administrator of the promoter Aifos, Jesús Ruiz Casado, for a punishable insolvency offense, accused of allegedly passing assets to another company, of which he was also owner, to avoid embargos. Thus, it dismisses the defense’s claim that this case was res judicata.

The magistrate suspended the trial last April to study the previous question posed by the lawyer of the accused on which this case was res judicata, since an investigating court dismissed similar facts on the grounds that they had no criminal relevance; soliciting the lawyer therefore “the immediate file” of the current procedure.

Now, through a car, to which Europa Press has had access, the judge dismisses the exception of res judicata, on having understood that the requisites are not met, since there is no identity of subjects, because each process has “different prejudices” ; nor of object, since the credit rights supposedly violated “are totally different in each case”.

Another thing, the magistrate points out, is that the facts that are seen in this case “are atypical or not all the elements of the type object of accusation are duly accredited, as the fiscal ministry has been maintaining”, but adds that this “inexorably demands the celebration of the oral trial “, which has already been suspended several times and which at the moment has no date.

In this case, which has had more than eight years of education, the prosecution is carried out by Law Firm 57 on behalf of its clients, who requests Ruiz Casado four years in prison for allegedly transferring to another company, of which He was also an administrator, a total of 138 farms. For its part, the Malaga prosecutor initially does not accuse.

The private accusation in this case, directed by the lawyer Carlos Cómitre, in representation of a marriage that bought a house from the promoter, who never received, considers that the goal of Jesús Ruiz Casado to carry out this transfer was to “hide” the creditors of Aifos, which went into liquidation at the end of 2014, those assets and avoid legal actions on them.

According to the lawyer’s brief of preliminary findings, the defendant “designed and orchestrated an apparent dation operation in payment” of 138 farms worth 17.2 million euros plus VAT to another company of which he was also an administrator. It is specified that most of these were free of charge, “against the remaining assets of Aifos, which was mortgaged” for the most part.

In this way, it is indicated in that document of the private accusation, to which Europa Press had access, that these assets “were hidden from the creditors, preventing them from being subject to enforcement and persecution procedures in the more than 400 lawsuits filed against them. Aifos before the intended donation was orchestrated in payment “.

Among the farms was, as stated in the initial conclusions of that accusing party, “the right to fly over the ground floor of three blocks of the Terrazas de Torreblanca promotion”, in the Malaga town of Fuengirola, whose freezing order was ordered by a court, although it could not be blocked by that dation in payment.

This part considers that this right of assigned flight “only has real value within the Aifos heritage, since it refers to one of its constructions already made”, reason why it concludes that “the transfer of the same for free can only hide a clear intention to avoid, precisely, its seizure by the creditors “of the promoter.

This case was filed twice by the court, but the Court decided in March 2014 to reopen it, considering that, although the embargo had not yet been ordered when the dation occurred, at that time “about 400 complaints had already been filed against Aifos “, so” it was foreseeable that the insolvency situation that led to the contest would occur “.

The private accusation affects the approach put forward by the Court in that the creditors saw the payment of their credit rights as “difficult” with the actions of the accused and “were forced” pending what is resolved in the insolvency proceeding which possibly would not have happened if the transfer of assets had not occurred. “

For this reason, this party considers that the facts correspond to a punishable insolvency offense, for which it is requested that Ruiz Casado be sentenced to four years in prison and a 20-month fine. In addition, it is requested that these two buyers be compensated with the amount of 69,000 euros, a figure for which they were listed as creditors in the Aifos tender.

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