Sometimes a bankruptcy administrator, although it acts independently, may be wrong. This is what happened to the marriage from Malaga, who managed to cancel debt, which was almost 80,000 euros, After seven years of struggle and application of the law of the second chance, thanks to which a favorable decision was obtained for the main characters of this story.
This favorable resolution was recently issued by the commercial court No. 1 of Malaga, which occurred after The previous statement of the provincial court, who recognized the good faith of debtors against the guilty qualification issued by the Bankruptcy Administration.
Seven years of battle
The process was not freed from difficulties. The competition of creditors, initiated more than seven years ago, was noted Negative assessment of bankruptcy administratorwho believed that the debtors acted contrary to the law, paying the delay of the tax agency without prior permission and when registering in autonomous mode without the consent of the bankruptcy authority.
Nevertheless, the legal protection carried out by the Association of Assistance in Debt, allowed this qualification to resort to the provincial court of Malaga, This ultimately gave debtors the mindThe court came to the conclusion that there was no will to harm creditors or fraudulent courage, and that interrogation acts responded to the need to maintain some economic activity in order to exist in context, already unreliable.
The history of marriage is so many families beaten por the consequences of the 2008 crisisThe husband, a professional, a professional in the construction sector, saw how his field disappeared from almost one day to another, for many years lost the stability of work. For her part, his wife never managed to get a constant job, devoting her time to raising four children in an increasingly difficult economic context. For many years they have encountered their obligations, but finally They were forced to benefit from the mechanism of the second chance.
Happy end
One of the most remarkable aspects of the case is that thanks to the final decision, They were able to save their vehiclesIt is considered necessary for personal and professional mobility, and not have other appropriate goods for liquidation.
In addition, this case shows that Decisions on decision -making are not unattractive And that the courts have the last word. As a lawyer Pepe Dominges, responsible for the case from the debt association:
“Although the bankruptcy administration applies independently, You can make mistakes in your assessments Or take the interpretation too strict. This case shows that resorting and protecting the integrity of the debtor can completely cancel the result of the procedure. “
