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Susan
09-27-2009, 09:18 PM
What happens when our solicitor in Spain has gone bankrupt?

This is the email we received today, what does it mean?and what do we do now?


ADMINISTRACIÓN CONCURSAL DE ALDEA ASESORES, S.L.Administrador Concursal –D. Juan Carlos Dom*nguez SerranoD. Juan Carlos Dom*nguez SerranoC/ del Carmen nº 36-38, 3º B03550, San Juan de Alicante (Alicante, Spain)E-mail: [REMOVED] “REQUEST FOR CREDIT REPORT. APPLICABLE INSTALMENTS”“CONVOCATION POUR LA PRESENTATION DES CREDITS. PERIODES APPLICABLES”“CONVOCATORIA PARA LA PRESENTACIÓN DE CRÉDITOS. PLAZOS APLICABLES”Alicante, 18 de Septiembre de 2009In the Tribunal Mercantile n. 1 of Alicante, located in 43 Pardo Gimeno Street,of this city, is processed the mercantile “ALDEA ASESORES, S.L.” (In Concurso) inthe abbreviated and principal bankrupt procedure 759/09 – J declarated by writ onSeptember, 3rdof 2009.This writ decrees the suspension of the society’s administration faculties, whichwill be assumed by the Bankrupt Administration.Estimating that you could show any credit in front of the competed society wecommunicate you the duty that in their case you have of putting in knowledge of thisBankrupt Administration the existence of that credit in the same term of 15 days tocount from last issue ordered in the writ declaring the bankruptcy, the plank ofannouncements of the tribunal, the Spanish Official Bulletin (Bolet*n Oficial delEstado) and in newspaper. Nevertheless we request you to communicate us as soon aspossible, the information of this credit.Finally we inform you about the effects on your credit qualification if thecommunication is out of the term indicated, as provided in the art. 92 1º of the SpanishBankrupt Law.The communication according to settled down in the art. 85 of the SpanishBankrupt Law will carry out in the following way; in writing properly signed that waspresented in the Tribunal of the mercantile n. 1 of Alicante, 43 Pardo Gimeno Street,03007 Alicante.The aforementioned written will express:1. Name, address and other date of the creditor’s identity.2. Relative data to the credit that shows in front of the bankruptcy company, inparticular:- Concept- Characteristic- Quantity -------------------------------------------------------------------------------- Page 2 ADMINISTRACIÓN CONCURSAL DE ALDEA ASESORES, S.L.Administrador Concursal –D. Juan Carlos Dom*nguez SerranoD. Juan Carlos Dom*nguez SerranoC/ del Carmen nº 36-38, 3º B03550, San Juan de Alicante (Alicante, Spain)E-mail: - Dates of acquisition- Due dates- Qualification that is sought (privileged special or general, ordinary,subordinate)In the supposition on seeking a special privilege the goods or rights should beindicated to that affects and their case, its Register of Deeds data.You must enclose the original or authorised copies of the documents.Please, note that every document must be sent in Spanish language as well asyour own language, according to European Community Rule 1346/2000.Best regards.La Administración ConcursalD. Juan Carlos Dom*nguez Serrano

Lawbird Lawyer
09-28-2009, 11:29 AM
Dear Susan,

This law firm, Aldea Asesores, S.L. filed for Creditor Protection early September 2009.

It is urgent you contact and retain a law firm, such as us, to join the Creditor's List on time.

Only those that join it on time stand a chance of recovering their deposits held by Aldea Advisors.

This still has not been published officially in Spain's Law Gazette.

Please contact us without delay if you are interested as organising a Power of Attorney to act on your behalf can take an average of 8 days from the UK.

E-mail: Contact Form (http://www.lawbird.com/services/contact)
Phone: +34 952 86 18 90
Opening hours: Monday to Friday, from 9:00 till 18:00 hours.


Yours faithfully,

Unregistered
09-29-2009, 12:17 PM
How do you know if you are a creditor? Have been with Aldea over 5 years to date and no problems. Are purchased properties secure??

Lawbird Lawyer
09-29-2009, 01:17 PM
Dear Sir,

I'll explain it with one of our cases. One of our clients contacted us after this law firm executed a bank guarantee (http://www.marbella-lawyers.com/articles/showArticle/spanish-bank-guarantees)on his behalf but failed to refund him his deposit despite repeated promises. In other words, they just withheld onto his deposit without giving further explanations. So we've filed a Criminal proceeding against them for embezzlement of clients' funds.

This client is now owed a significant amount of money by them. He has a credit against them. So regardless of the Criminal case, which will continue, he has to join A.A.'s Creditor's List as he is owed his deposit as they themselves have acknowledged it repeatedly in writing.

Please note the deadline will only be 15 days as from the time it is published in Spain's Law Gazette. It still hasn't been published officially.

Yours faithfully,
Raymundo Larra*n Nesbitt

Unregistered
09-30-2009, 02:22 PM
Hi All,

I work for Sun-Lawyers in our Orihuela Costa branch and we have been informed that Aldea Asesores are now entering into a "Concurso de Acreedores" (voluntary liquidation with appointment of new Administrators) and advise any clients of Aldea Asesores to contract another law firm immediately.

If you would like a consultation regarding your position in relation to the procedure that Aldea Asesores find themselves, then please do not hesitate to PM me. We have offices in Cabo Roig, Balsicas, Murcia and Calasparra.

Kind regards,

Mark McMillan

Unregistered
09-30-2009, 04:44 PM
Sad to see what Aldea has become... I have worked as a lawyer there...

Unregistered
10-01-2009, 02:44 PM
Our Solicitor in Spain , who holds our house Deeds and has Power of Atorney for us, has gone into Liquidation. What is our position re getting the Deeds back.?

Lawbird Lawyer
10-01-2009, 03:02 PM
Dear Sir/Madam,

You should contact one of Aldea Asesores offices and request it urgently.

Failing that you can e-mail the appointed administrator who has probably already contacted you by e-mail or hard post.

In your case, you would not have a credit against them.

Yours faithfully,

torrekatie
10-02-2009, 09:43 PM
What happens when our solicitor in Spain has gone bankrupt?

This is the email we received today, what does it mean?and what do we do now?

I have also received this email.Aldea are my legal representatives and I use them each year to pay my non resident income tax.I paid in June 09 for the year 2008. How do I find out if all the taxes have been paid and if they haven't, am I a creditor?

How do I get my records and paperwork back? I'm still paying off the mortgage to La Caixa so wouldn't the original deed copy be with them?

I've tried emailing both the administrator and Aldea Advisors but as yet no reply.

Any help appreciated.Thanks.

ifv
10-03-2009, 08:09 PM
Hi torrekatie

Whether you qualify as a creditor or not will depend on if this company owes you any moneys (we are talking about considerable amounts; the Fiscal Representation fees plus a year's imputed income tax will typically not amount to enough to justify joining the creditors list).

First of all you should try to establish whether Aldea Avisors have already submitted your tax forms or not. I suggest that you try to get in touch with someone there who is able to provide you with an answer. The company is in administration, which doesn't necessarily mean it is bankrupt. If you cannot get an answer, I recommend that you hire another law firm to take care of your taxes. This new firm should be able to let you know if you are up to date with your tax obligations by submitting a request in writing at the Tax Office. For further help, please contact Ana Blanco from the Accounting Department at Lawbird by submitting the form at http://www.lawbird.com/services/contact.

Regards

johnandlynn37@hotmail.com
10-04-2009, 12:38 PM
What happens to paper work such as contracts on properties not started yet and wills, that Aldea still have of ours.

Lawbird Lawyer
10-05-2009, 12:14 PM
Dear Sir/Madam,

In the case of wills they might hold it doesn't matter really.

Please read my article on the matter:

Spanish Inheritance Tax: Advantages of Making a Will in Spain (http://www.marbella-lawyers.com/articles/showArticle/spanish-inheritance-tax-spain-iht)- 3rd September 2009

In the above article I explain:


4. Spanish wills are stored safely at no extra charge.

On you making a Spanish will you will be given only a “copia simple” (simple copy) or “copia autorizada”. The original is stored by the Notary in his files for record. The Notary will send off to Madrid the details of this will to a registry known as “Registro General de Actos de Última Voluntad” (Central Registry of Last Wills) for safekeeping. Your beneficiaries can always request an authorised copy (“copia autorizada”) of the testator’s last will from the Notary who witnessed it. You can always know before which Notary it was made (if you happen not to know it) by means of requesting a “Certificado de Últimas Voluntades” from the aforementioned Central Registry of Last Wills. It’s just an A4 sized sheet of paper from the Ministry of Justice with the seal of the said registry which specifies which Spanish Notary witnessed the last will and the date on which it was made. The latest will always overrule any prior will unless specified otherwise.

Should you lose your copy, the notary office burn down or you simply don’t know before which Spanish Notary the will was made, don’t panic, it doesn’t matter really. All Spanish will’s details are stored safely in the said registry free of charge. One can always request a copy and they will let you know before which Notary it was witnessed if you believe you are a beneficiary. You will have to provide an original death certificate (translated into Spanish with the Apostille seal affixed if the death occurred abroad) and the original “Certificado de Últimas Voluntades” (Certificate of Last Will). The Spanish death certificate is obtained from the civil registry in the municipality in which the death took place.

Be wary of opportunistic companies that charge you an annual fee to store “safely” your Spanish will. As read above, this is unnecessary and they are just taking advantage of you.


Your lawyers, Aldea Asesores, only had a copy of your last Spanish will. The original is always withheld by the Notary before which it was signed for his records. You can always request a copy from him for a small fee, it is not lost.

Regarding other documents such as an original Title deed for your property, I always recommend clients to store it themselves. An original Title deed will always be the first docuemnt requested from you to sell the property on or to have it listed at an Estate Agency. You can always request an Authorised copy form the Notary before which you signed it for a small fee.

In any case you can always contact the appointed administrator on this matter. Try to do it in Spanish, they will reply sooner.

Yours faithfully,
Raymundo Larra*n Nesbitt

Unregistered
10-06-2009, 03:41 PM
We also are disgusted with Aldea - they obtained our bank guarantee from the bank after our development was stopped. We had to hound them for several years to get them to persue the bank guarantee. They obtained the funds last year but ducked and dived and never transferred them to us. In effect they stole our money - amazing that a law firm can actually get away with what they have done and the perpetrators not be in jail. Never again will we buy anything in Spain.

Lawbird Lawyer
10-13-2009, 11:53 AM
Dear Suz,

Are you aware you can pursue them Criminally for embezzlement of client funds?

We are already representing a client in an identical Criminal matter as yours.

Yours faithfully,

Unregistered
11-11-2009, 11:25 PM
Dear Susan,

Dear Susan,

In reply to your query regarding Aldea Asesores declaring bankruptacy. I wish to inform you that there is a Solicitory that I know who is handling this matter on behalf of clients who are creditors of Aldea Asesores. I was client of Aldea Asesores ,she is representing me and her name is

[EDITED by Admin: Please register if you wish to post this kind of information]

She has lots of experience in this area and will advise you on the best course of action.

Una

Unregistered
11-25-2009, 09:14 PM
Hi All,

I work for Sun-Lawyers in our Orihuela Costa branch and we have been informed that Aldea Asesores are now entering into a "Concurso de Acreedores" (voluntary liquidation with appointment of new Administrators) and advise any clients of Aldea Asesores to contract another law firm immediately.

If you would like a consultation regarding your position in relation to the procedure that Aldea Asesores find themselves, then please do not hesitate to PM me. We have offices in Cabo Roig, Balsicas, Murcia and Calasparra.

Kind regards,

Mark McMillan

Mark we are or were with aldea at the moment .they were paid euros2,800. to pay barrister to try return of 2nd bank guarrante Caja Murcia they also have all my paperwork needed for same .what should i do now.
albert.garnerbtinternet.com

Unregistered
01-04-2010, 09:50 PM
Hi All,

I work for Sun-Lawyers in our Orihuela Costa branch and we have been informed that Aldea Asesores are now entering into a "Concurso de Acreedores" (voluntary liquidation with appointment of new Administrators) and advise any clients of Aldea Asesores to contract another law firm immediately.

If you would like a consultation regarding your position in relation to the procedure that Aldea Asesores find themselves, then please do not hesitate to PM me. We have offices in Cabo Roig, Balsicas, Murcia and Calasparra.

Kind regards,

Mark McMillan

We wuld like to hear from you in this matter we have a property in the Orihuela Costa area and were former clients of Aldea. Contact on chrisxchambers@hotmail.com

Unregistered
03-17-2010, 07:04 PM
Aldea Advisors (Aldea Asesores, s.l.) are declaring for bankruptcy in Spain and are now controlled by Court Appointed Administrators.

We recommend all clients of Aldea Advisors who have not already changed to another law firm to do so immediately and not to pay anything more to Aldea Advisors due to the nature of their situation.

Aldea Advisors are in a “Concurso de Acreedores” procedure (banruptcy) and to claim your credit against this firm will require presentation of all original documentation pertaining to the claim in the Commercial Court nº 1 of Alicante.

It has been a great worry for many that all Aldea Advisors offices have closed apart from one and our Law Firm, Sun-Lawyers, based in Murcia with a network of offices in Murcia city, Cartagena, Balsicas, Calasparra and the Orihuela Costa have been successful in the collection of documentation held by Aldea Advisors at no cost for clients that have bought or were buying property through Aldea Advisors or Parador Properties in all of these areas and further afield.

Sun-Lawyers is a Law firm established since 1985 with Lawyers and Barristers specialising in legal, fiscal and property services in Spain for residents and non-residents and our promise is to give our clients independent legal and sound advice.

Our particular areas of interest include:

- Property conveyancing
- Fiscal representation
- Wills & Inheritance
- Insolvency
- Criminal court cases
- Civil lawsuits

You can consult our website (www.sun-lawyers.com) for further details on our services.

We can be contacted by telephone: 0034 902 202 261 or email: infocoast@sun-lawyers.com for any questions either relating to Aldea Advisors or relating to any other queries.

Unregistered
07-01-2010, 11:28 AM
Thanks Susan for posting the detail on the communication you received regarding the bankruptcy of Aldea Asesores. They hold the deeds of my property but I have not received any communication from them so I was not aware of the situation. At least I now feel informed and can see what I can do to obtain my deeds

Unregistered
07-26-2010, 04:45 PM
I hear that by court all clients file been passed to another company, who will contact with every Aldea Asesores clients and help to solve any problem

Unregistered
10-06-2010, 07:26 PM
who has taken over aldeas business