Report requesting the concurso be classified as culpable (concurso culpable) (TRLC arts. 442-456)
Report requesting the concurso be classified as culpable (concurso culpable) (TRLC arts. 442-456) is filed with Juzgado de lo Mercantil (sección de calificación) - LexNET. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: €1,490. Official tasa (government fee): Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them.
A report and claim filed by the insolvency administrator (administración concursal) or the Public Prosecutor's Office in the sección de calificación (classification section) of the insolvency proceedings, requesting that the concurso be declared CULPABLE due to fraud or gross negligence by directors, attorneys-in-fact or shareholders. We seek disqualification for up to 15 years, loss of rights as a creditor, the return of assets, compensation for the harm caused and, where applicable, a personal order to cover the insolvency estate's shortfall (déficit concursal, TRLC 456).
- What we charge you
- €1,490
- Managora's fee
- €1,489.99 (21% VAT incl.)
- Tasa (official government fee)
- Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
- Processing time
- The classification section opened by the insolvency judge
- Where it is filed
- Juzgado de lo Mercantil (sección de calificación) - LexNET ↗
- What you receive
- Demanda (court claim)
Cost breakdown: Our fee 1.490 € (21% VAT incl., legal representation (dirección letrada) and procurador included). Individuals are exempt from the tasa judicial; legal entities add the tasa according to the amount claimed. Expert witnesses and the other party's costs, if any, are separate..
Report requesting the concurso be classified as culpable (concurso culpable) (TRLC arts. 442-456): how is it filed?
- 1Answer the questions (around 15 minutes).
- 2Payment of 1.490 € (legal representation and procurador included).
- 3We hand you the report and claim ready for LexNET.
Which documents do you need?
- •Order declaring the concurso.
- •Order opening the classification section.
- •Report of the insolvency administrator.
- •Accounting and corporate documentation.
- •Identification of acts of fraud or gross negligence.
Legal basis and things to bear in mind
- Legal framework: TRLC arts. 442-456 + Ley 16/2022.
- Disqualification: 2-15 years.
- Related procedures: procedimiento_concursal_voluntario, demanda_reintegracion_concursal, demanda_responsabilidad_administrador.
Report requesting the concurso be classified as culpable (concurso culpable) (TRLC arts. 442-456): frequently asked questions
Report requesting the concurso be classified as culpable (concurso culpable) (TRLC arts. 442-456): how much does it cost?
We charge you €1,490: our fee plus, where applicable, the fixed official tasa we advance. Our fee 1.490 € (21% VAT incl., legal representation (dirección letrada) and procurador included). Individuals are exempt from the tasa judicial; legal entities add the tasa according to the amount claimed. Expert witnesses and the other party's costs, if any, are separate.. Managora's fee is €1,489.99, 21% VAT included (€1,231.40 net + €258.59 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them..
Report requesting the concurso be classified as culpable (concurso culpable) (TRLC arts. 442-456): how long does it take?
The classification section opened by the insolvency judge
Report requesting the concurso be classified as culpable (concurso culpable) (TRLC arts. 442-456): which documents do I need?
You need to have to hand: Order declaring the concurso., Order opening the classification section., Report of the insolvency administrator., Accounting and corporate documentation., Identification of acts of fraud or gross negligence.. You do not upload them here: we collect the details through the guided chat.
Who files the procedure?
Managora files it in your name with Juzgado de lo Mercantil (sección de calificación) - LexNET. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.
Can it be done online?
Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.
Related procedures
- Registering as self-employed (Hacienda, the Spanish tax authority, and Seguridad Social)
- Baja como autónomo (Hacienda + RETA) (De-registration as self-employed)
- Deferral of a Seguridad Social (Social Security) debt (LGSS art. 23 plus RD 1415/2004)
- Deferral or instalment plan for a debt with the AEAT (Spanish Tax Agency) (art. 65 LGT)
- Application for a refund of amounts wrongly paid (devolución de ingresos indebidos) (LGT art. 221 + RD 520/2005)
- Tarifa Plana for the self-employed: application for the reduced flat-rate contribution
Based on the legislation in force and on the official site of the competent authority: Juzgado de lo Mercantil (sección de calificación) - LexNET ↗.
Shall we get started with «Report requesting the concurso be classified as culpable (concurso culpable) (TRLC arts. 442-456)»?
We file it for you, from start to finish.
Start now →