How to recover from the devastation that COVID-19 left behind

Lawyou — Wednesday, 24 de february de 2021

If you are reading these lines, it is because you are one of the thousands of owners who have been ruined as a result of the measures that the government has taken as part of the state of alarm in the face of the advance of the coronavirus pandemic.

There is good news for you and this is that you are entitled to claim compensation from the state for the economic damage that the compulsory closure of your business has caused you. However, letting you be could mean your total ruin, as the days to pursue the claim are in full countdown.

Situations that merit a claim for compensation from the State.

For the purposes of making a valid claim to the State, it is necessary to have suffered at least one of the following conditions:

  • Economic loss
  • .

  • Emerging damage.
  • Closing profit.
  • Lucro cesante.

On the other hand, the situation in which you find yourself must have originated as a result of the order that the State issued for the closure of your business. That is to say that if the business was in bankruptcy or on the way to it before the decree of the state of alarm, there will be no right to any compensation.

What can I claim?.

The claims to which you are entitled are as follows:

  • Administrative and economic claim: This is a claim against the state for its direct responsibility for economic losses and damages, both direct and indirect, on our commercial establishments. We will have to prove that these have been derived from the measures of the state of alarm.
  • .

 

  • Out-of-court payment agreements: consists of exercising the right to negotiate out-of-court agreements to cancel the debts we have with our creditors. This measure can be carried out in parallel to the claim we are pursuing against the State. It is available to individuals, individuals, self-employed, employees, small businessmen and small commercial companies.

 

 

  • Second Chance Law: When a judicial agreement cannot be reached because the creditor refuses to accept its conditions, we will be able to resort to The Second Chance Law. This consists of the exoneration of liabilities, i.e. debts, and is available to self-employed, SME entrepreneurs and salaried employees who did not reach an agreement with their creditors to negotiate their debts. By invoking this law, the judge can exempt the debtor from paying its debts, which is known as exoneration of liabilities. If you want to know more about a guide about the second chance law

 

  • Insolvency proceedings: when it is not possible for a debtor to pay its debts in full, it has the support of the Law to suspend payment and establish a negotiation of the total amount owed. Depending on each particular case, the write-offs can reach percentages as high as seventy percent, while up to two years will be available to pay the part that has not been included in the write-off.

The concurso de crededores is a valuable tool to get rid of an important part of the debts when paying them in full is unfeasible. Unfortunately, there are unfounded fears about what the procedure entails, while it is often believed that the law will not benefit us in the way we expect.

The result is that companies wait so long to appeal, that when they finally do, all those months of delay end up working against them. In order for this appeal to be as beneficial to your organization as the Law allows, it is necessary that you take it forward with an insolvency lawyer. In this way, the professional in question will appeal to all the existing resources so that you obtain the greatest benefit of what the legislation has arranged for your company.

 

  • Settlement: This is the last option to resort to. It consists of carrying out the liquidation of the business organization, ensuring that both it and the entrepreneur are as little damaged as possible. It is reached when it is not possible to reach a payment agreement with the creditors.

The time to make your claim is now. There is less than a year left before the deadline expires and you already lose your rights to receive the compensation you are entitled to due to the arbitrary measures of the government. There is no time to lose. Contact us. Recovering what is yours cannot wait.

Do you need legal advice?

  1. The partners at Lawyou abogados have specialists who can answer any questions you may have about arbitration with the government, business, corporate or any other legal aspect related to law.
  2. The lawyers of LAWYOU, will help you
  3. .

  4. At LAWYOU cwe have lawyers with many years of experience who can help you or provide more information about the currently applicable legislation and future changes. Do not hesitate to contact us to tell us about your case through our email atencionalcliente@lawyoulegal.com or, if you prefer, you can also call us on 667 606 611.
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