Monthly Archive: December 2018

Bankruptcy: When and how?

What is a bankruptcy opening procedure?

Before the opening of insolvency proceedings, the application will be examined by the insolvency court.

Financial difficulties can occur in business as well as private individuals. If money can no longer be covered and debts can no longer be paid, insolvency is often the only way to be able to free itself from these burdens. But few can imagine how such a bankruptcy proceeding-

When exactly does the opening of an insolvency proceeding take place and is this the beginning of the actual procedure or an independent area of the whole? In everyday life, fewer people are dealing with these questions or how insolvency proceedings are proceeding.

In principle, such a method is composed of two parts. On the one hand, the opening of insolvency proceedings takes place. On the other hand, then only the actual insolvency proceedings. A distinction must also be made between natural persons ( private bankruptcy ) and legal persons ( corporate insolvency ). In the case of private insolvency, the two parts of the procedure are followed by the period of good behavior until a so-called residual debt exemption is possible.

Bankruptcy can be applied for by the debtor or a creditor. If an application for the opening of insolvency proceedings is filed with the competent district court (insolvency court), it first checks whether there are any legally valid reasons or the condition for the opening of insolvency proceedings.

When will insolvency proceedings be opened?

The application for the opening of insolvency proceedings initially alleges that there are legal grounds justifying insolvency. The following requirements may be considered legal reasons :

  1. (Threatening) insolvency of natural persons §§ 17, 18 Insolvenzordnung (InsO)
  2. (Threatening) inability to pay and over-indebtedness with legal persons §§ 17,18,19 InsO

A person is insolvent if payment obligations can no longer be provided. Following an application for bankruptcy, it is examined whether this is the case with the debtor. If the legal reasons are given, the insolvency is opened. The period for the exam may vary in length depending on the individual case . This time between filing for bankruptcy and opening is known as bankruptcy opening.

What happens when bankruptcy is opened?

As described, the conditions for opening insolvency are examined in the opening proceedings. The debtors must, therefore, be insolvent according to §§ 11, 12 InsO. If the claim has been made by a creditor, the creditor must be able to substantiate his claims and have a legal interest in opening a bankruptcy.

In insolvency proceedings, the duration until the opening cannot be determined on a flat-rate basis.

If the claim of the creditor is complied with, the insolvency court must hear the debtor in order to clarify whether the opening of insolvency proceedings can take place. The debtor is according to § 20 paras. 1 InsO obliged to provide all necessary information and to provide any necessary information to the court. Also, therefore, in a bankruptcy opening the duration cannot be set at a flat rate.

During the procedure to insolvency, the insolvency court must take all possible measures to prevent a negative change of the debtor. This includes, for example, appointing a provisional insolvency administrator, prohibiting disposition, or allowing dispositions only with the consent of the liquidator, or specifying the insolvency proceedings by means of notices. In the case of bankruptcy, a notice can be posted online, posted or in the Official Journal. If the reasons fall away, a publication can be withdrawn even after the opening of insolvency proceedings. Likewise, payment of the debtor after an insolvency opening can negate the previously existing reasons.

If the insolvency court decides that the petition for insolvency is admissible, the actual bankruptcy proceedings will be opened and bankruptcy proceedings will begin. The opening is done by an opening decision according to §§ 27, 5 Abs. 3 InsO.  

The “Dioni” of Almensilla declares that a high position “disposed” of money for “personal matters”

Julio Mateos Palacios, extesorero of the compensation board of Sector F of Almensilla (Seville) and currently in prison for the alleged embezzlement of 3.7 million euros from the accounts of that entity, has lent this Friday a judicial declaration for the first time and has assured that a former president of the board of compensation and current high-level of the Board “disposed” of money from said meeting for “personal matters” and “settle debts”.

Sources of the case have informed to Europa Press that, after the turn of appearances of the past month of July, when Julio Mateos appeared by videoconference from the jail but it took refuge his right not to declare, the judge of First Instance and Instruction number 1 Coria del Río has set for this Friday a new appearance of the treasurer, key figure in the investigation of the matter.

In this sense, a police car with two agents has transferred Julio Mateos from the prison where he is interned to the Court in question, where he has only answered the questions that his lawyer has asked him and has avoided answering both the judge and to the prosecutor and to the other parties involved in this proceeding, as indicated by the same sources consulted by Europa Press.

In this way, the ‘Dioni’ of Almensilla has ensured that “can claim” that the former president of the compensation board and general director of the consortium for the development of policies on information society and knowledge in Andalusia ‘Fernando de los Ríos’, Ismael Perea, “had money” from the compensation board “for personal matters and settle debts”.

In this sense, Julio Mateos has pointed out in particular a debt that Ismael Perea himself had with the BBVA and that amounted to 35,000 euros.

Similarly, and according to the same sources, Julio Mateos has acknowledged that, “in spite of the fact that two signatures are required to dispose of money from the account of the compensation board”, during one year, specifically from 2013 to 2014, ” he had checks only with his signature. “

In a nutshell, he has revealed to his lawyer’s questions that La Caixa “never stopped him despite knowing the bank that two signatures were necessary.”

To finish, Julio Mateos has informed that, while he is in prison, he will not declare again, since when he is in prison he does not have access to the whole cause, so, in any case, he will give a statement in the trial that is held by these acts.


Julio Mateos, let’s remember, remains in prison since he was arrested in August 2016, after fleeing in 2015 when he confessed that he had appropriated money from the account of the compensation board, provided with contributions from the parcelistas to undertake the urbanization of the sector F and the provision of basic services in the area, some works are still far from complete.

At the time of availing himself of his right not to testify in the batch of appearances of July 13, the former treasurer of the compensation board alleged that although he intends to give a statement, he does not have the transcripts of the statements that have been made. made to date and such extreme causes a situation of “helplessness.”

On July 13, the former president of the compensation board and general director of the regional consortium ‘Fernando de los Ríos’, Ismael Perea, testified before the examining magistrate, also as investigators; the president and secretary of the compensation board, in turn members of the board of delegates, and the former mayor of Almensilla José Carlos López (IU-CA), who as the first mayor was representative of the City Council on the board of delegates.

SINCE 2006

According to the National Police, Julio Mateos, “preempting his position (as treasurer of the compensation board of Sector F), he appropriated large sums of money” since 2006. The researchers, in that sense, calculate that the total embezzlement could amount to more than 3,706,718 euros, “with a number of affected that would be around 600 families.” And is that the alleged embezzlement, we insist, would have been perpetrated on the money provided by the parcelistas to urbanize the area and provide it with basic equipment.

As for Ismael Perea, current director general of the Fernando de los Ríos consortium, socialist exedil of Almensilla City Council and former president of the compensation board, the Unit against Economic and Fiscal Crime (UDEF) of the National Police included him among the ” people who are considered of great relevance in the investigation, “along with Julio Mateos, who was auditor of the entity, Juan Carlos N., and Marianela Sánchez, responsible for the advice Asema.