Recupera tu libertad financiera

La ley de Segunda Oportunidad permite cancelar las deudas a aquellas personas físicas o autónomos que no pueden hacer frente a estas ya sean hipotecas, préstamos personales, tarjetas de crédito, deudas de suministros, etc.

La Ley permite:

• La reducción de hasta el 99% sus deudas mediante ACUERDO EXTRAJUDICIAL DE PAGOS con acreedores, a pagar en un plazo de hasta 10 años.
• La condonación total de la deuda si no hay acuerdo posible con los acreedores y se pasa a la siguiente fase de CONCURSO CONSECUTIVO.

3 pasos para recuperar tu tranquilidad financiera

If you meet the requirements imposed by this law, you can start the process. First, a phase called the Out-of-Court Payment Agreement Phase begins. In this, an attempt will be made to reach an agreement with the creditors, making a payment plan, reducing part of the debt and lengthening the payment terms. Although the phase is extrajudicial, the agreement will be supervised by a Judge and on certain occasions there will be a bankruptcy mediator who will organize the meetings and mediate between the parties.

If no agreement is reached, the next phase is called Consecutive Contest. In this phase, a lawsuit is filed for the Court to declare the insolvency of the natural person. The judge will appoint a bankruptcy mediator who will proceed to the liquidation of the debtor’s assets and once these have been settled, or if there were none, will dictate the end of the competition due to insufficient assets and will proceed to exonerate the rest of the debt.

Its objective is none other than to allow what its name so expressively describes: that a natural person, despite a business or personal economic failure, has the possibility of getting his life back on track and even risking new initiatives, without having to indefinitely dragging a slab of debt that you can never satisfy.

If an agreement is not reached with the creditors, the judge may decide to cancel or exonerate the debt, which can range between 75% and 100% of it.

The Out-of-Court Payment Agreement Phase can range from 4 to 7 months. On the other hand, if the agreement is impossible, the Consecutive Corusco Phase can range between 10 and 14 months.

Until the year 219, the debts with the Public Administrations could not be exonerated, although a Supreme Court ruling in that year changed said limitation, allowing up to 70% of this type of debt to be exonerated.

Yes, there are certain requirements to be able to use this procedure:

Regarding the debt

1. That the debt does not exceed 5 million euros.
2. That the debt is contracted with more than one creditor

Regarding the debtor

1. Being in a situation of bankruptcy or creditable bankruptcy, not being able to face the debts contracted and not being guilty of being in said situation is not guilty
2. Not having used this exemption mechanism in the previous 10 years
3. Not having been convicted of crimes against property, of a socio-economic nature, crimes of falsification of documents, against public finances, social security or workers’ rights.
4. Not having rejected a job offer appropriate to your abilities in the last 4 years
5. Have previously satisfied all credits against the estate and privileged bankruptcy credits (those contracted with the public administration, workers, financial entities, among others, generated before the declaration of insolvency)
6. Be willing to be included in the Bankruptcy Registry

It is designed for individuals and freelancers who are in a situation of insolvency, not being able to cope with the debts incurred.