Alba & Luna Lawyers specialists in Second Chance Law for Self -Employed and insolvent families in Benalmadena - Arroyo de la Miel.
Do you feel overwhelmed by your debts? We help you to cancel them and start again.
We are insolcency administrators with extensive experience in insolvency proceedings and discharge of debts through the Second Opportunity Law .
What is the Second Chance Law?
The Second Opportunity Law, it is a law aimed at alleviating the financial burdens of families, individuals and the self-employed, who are unable to cope with their debts.
The economic crisis and inflation is leaving thousands and thousands of families and self-employed people over-indebted, unable to get back on their feet because of their debts.
Therefore, this Second Chance Law aims to give these insolvent people a second chance to rebuild their lives from scratch without having to carry these debts ever again.
Alba & Luna Second Opportunity Lawyers for individuals and self- employed in Benalmádena
Your doubts will be anwered from the first moment.
At Alba & Luna ABOGADOS we like to be transparent and very rigorous. That is why before we start, we have to collect and study all the information carefully to find out if you can take advantage of the Second Chance Law and give you a 100% guarantee of success.
Who can take advantage of the Second Chance Law in Benalmádena?
Following the bankruptcy reform 2022, the requirements that must be proved in order to access the second chance are as follows:
- The debtor must be insolvent and prove that he/she does not have sufficient assets to pay the debts, without a situation of simple over-indebtedness being valid.
- The debtor must be in good faith in order to be eligible for exoneration.
- The rule that required the debtor to have previously attempted an out-of-court payment agreement without success is repealed.
- The requirement that the debtor must not have rejected an offer of employment in the four years prior to the declaration of insolvency proceedings is abolished.
- The minimum period of time between an application for discharge and a discharge previously granted to the same debtor is reduced from ten to five years. In cases where a discharge is obtained by means of a payment plan, the period will be two years
what is meant by a good faith debtor?
- The person must demonstrate that they have acted in good faith in relation to their payment obligations.
- Not having been, in the ten years prior to the insolvency proceedings, convicted of crimes against assets, false documents, against the Public Treasury and Social Security or against workers’ rights.
- In the insolvency proceedings, he/she has not been declared guilty (the judge may re-evaluate this depending on the circumstances).
- When collaborating and providing the information required by the insolvency judge.
What are the stages of the process?
A few years ago, it was first necessary to try to reach an out-of-court agreement, supervised by a judge.
Now this step is no longer necessary; with the entry into force of the new reform of the Insolvency Act in 2022, the declaration of insolvency proceedings will be filed directly with the competent court.
If the insolvent person meets the requirements of having acted in good faith, he/she may request the cancellation of unsatisfied liabilities (EPI) or outstanding debts through the following 3 options:
- Declaration of insolvency without assets: when the debtor has no assets of any kind in his name. This is the quickest way to have the debts discharged.
- Exoneration through a Payment Plan and without liquidating the active mass, which, in principle, allows the family home to be maintained. The exoneration will be extended to the part of the debt that remains unsatisfied after complying with the payment plan.
- Exoneration with the liquidation of assets.
What debts are cancellable under the Second Chance Law?
- Mortgages.
- Loans.
- Credit cards.
- Credits and microcredits.
- Invoices.
- Debts with suppliers.
- Debts with the Treasury.
- Debts with the Social Security.
Which debts cannot be cancelled under the Second Opportunity law?
The 2022 law reform clarifies which debts cannot be waived.
- If you have opted for exoneration with the payment plan, the new instalments accepted cannot be cancelled.
- Debts to the tax office and to the social security authorities can be cancelled up to 10,000 euros each.
- Alimony.
- Debts arising from a criminal offence.
- Debts due to non-contractual civil liability.
- The payment of wages for the 60 days prior to the declaration of insolvency proceedings, provided that the payment has not been assumed by the Wage Guarantee Fund and does not exceed 3 times the minimum interprofessional wage.
- The legal costs of the debt cancellation process.
Advantages of The Second Chance Law.
- Judicial and extrajudicial seizures and executions are stopped.
- Outstanding payments are stopped.
- Interest payments on credits and microcredits are stopped.
- Your salary or pension will be protected from garnishments up to the minimum wage.
- Creditors will have to stop claiming debts.
- The debtor can continue to carry out his professional activity and continue his working life.
- Possibility to cancel 100% of his debts.
- The debt that could not be exonerated can be paid in a period of up to 5 years without interest.
- Removal from any debtors’ file.
Cost and fees of the process.
We are aware of the difficult economic situation you are going through, which is why we help you by offering payment terms in accordance with your situation.
Before giving you a quote, we need to study your case in detail to see the casuistry and particularities of your case. We work with the certainty and security that your debts will be 100% exonerated.
Our quotation will be totally transparent. Trust with your lawyer is essential in any legal matter.
Alba & Luna Second Opportunity Lawyers for individuals and self- employed in Benalmádena
Your doubts will be anwered from the first moment.