Incidental claim for reintegration of the insolvency estate (TRLC 226-242)
Incidental claim for reintegration of the insolvency estate (TRLC 226-242) is filed with Juzgado de lo Mercantil (concurso) - 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 court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them.
Incidental claim filed by the AC (insolvency administrator) against acts carried out by the debtor in the TWO YEARS before the concurso de acreedores (insolvency proceedings) was declared that are detrimental to the insolvency estate: gifts, early payments, security interests over pre-existing obligations, or transactions for value with specially related parties. We apply the presumptions in TRLC 227 (irrebuttable) and 228 (rebuttable).
- What we charge you
- €1,490
- Managora's fee
- €1,489.99 (21% VAT incl.)
- Tasa (official government fee)
- Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
- Processing time
- During the common phase of the concurso (TRLC 226)
- Where it is filed
- Juzgado de lo Mercantil (concurso) - LexNET ↗
- What you receive
- Demanda (court claim)
Cost breakdown: Our fee €1.490 (21% VAT incl., legal representation and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra..
Incidental claim for reintegration of the insolvency estate (TRLC 226-242): how is it filed?
- 1Answer the questions (around 15 minutes).
- 2Payment of €1.490 (legal representation and procurador included).
- 3We file the claim via LexNET (the Spanish courts' electronic filing system) using our procurador, and send you proof of filing.
Which documents do you need?
- •Order (auto) declaring the concurso.
- •Documentation on the challenged transaction (deed, contract, transfer).
- •Expert report on the detriment to the estate.
- •Identification of the beneficiary and, where applicable, the special relationship.
Prerequisites we also handle for you
And whatever a third party provides, we arrange it
- Valuation or expert's report
You do not have to look for anyone: we coordinate it. As it is provided by a third party it is quoted separately and does not go inside the price of this procedure, and we tell you the amount before ordering it.
Legal basis and things to bear in mind
- Legal framework: TRLC arts. 226-242 + Ley 16/2022.
- Suspect period: 2 years.
- Related procedures: procedimiento_concursal_voluntario, demanda_responsabilidad_concursal, accion_extracontractual_acreedor.
Incidental claim for reintegration of the insolvency estate (TRLC 226-242): frequently asked questions
Incidental claim for reintegration of the insolvency estate (TRLC 226-242): 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 and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra.. 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 court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them..
Incidental claim for reintegration of the insolvency estate (TRLC 226-242): how long does it take?
During the common phase of the concurso (TRLC 226)
Incidental claim for reintegration of the insolvency estate (TRLC 226-242): which documents do I need?
You need to have to hand: Order (auto) declaring the concurso., Documentation on the challenged transaction (deed, contract, transfer)., Expert report on the detriment to the estate., Identification of the beneficiary and, where applicable, the special relationship.. 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 (concurso) - 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 (concurso) - LexNET ↗.
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