IB Abogados
REAL CASES · IB ABOGADOS

Real cases. Legal strategies carried through to the result.

Three real matters, anonymised to protect our clients. We explain the problem, litigation strategy, outcome and the time required to reach it.

01 · Dismissals after a company closure: 21 employees02 · Eviction for non-payment during the tenants’ separation03 · Microenterprise insolvency: closure without declared personal liability for the director
01
LABORAL

Dismissals after a company closure: 21 employees

Closure of a Spanish subsidiary with unpaid wages and no dismissal compensation. The claims continued through to payment by FOGASA.

21employees
≈18.000 €dismissal
≈9.000 €wage claims
12–18months to payment

THE CASE

A major insurance mediation company closed its Spanish subsidiary. Around 80 employees were affected, with final wages unpaid and no dismissal compensation. Twenty-one employees entrusted their claims to IB Abogados.

OUR STRATEGY

Unfair dismissal claims were joined with monetary claims for unpaid wages and salary differences. After hearings before the Social Courts of Barcelona, judgments were enforced until the company was declared insolvent and the corresponding FOGASA claims could be filed.

OUTCOME AND RESULT

Within the applicable legal limits, employees received around €18,000 for dismissal and, in certain cases, around €9,000 for wage claims. The full path to payment took approximately 12 to 18 months depending on the court.

18k€
9k€
From a closed company that appeared unable to pay to recovering approximately up to €27,000 in some cases.
02
ARRENDAMIENTOS

Eviction for non-payment during the tenants’ separation

Both joint tenants argued they should not bear the full rent. The judgment ordered them to vacate and pay the debt.

10months to eviction
2approx. months from hearing to eviction
✓property recovered
↗wage and bank enforcement

THE CASE

Our client owned a property rented to a couple. Following domestic violence proceedings, the husband left the home and stopped paying rent. The wife remained with two minors and paid only half the rent, arguing that the owner should pursue the husband for the remainder.

OUR STRATEGY

An eviction and rent recovery claim was brought against both joint tenants. They attended the hearing with different lawyers and different arguments. The strategy maintained the claim against both rather than shifting the economic consequences of their personal dispute onto the landlord.

OUTCOME AND RESULT

The judgment ordered both tenants to vacate and pay the debt. The eviction took place roughly two months after the hearing. Enforcement continued through attachments of wages and bank accounts for unpaid rent, legal interest and costs. About 10 months elapsed from filing to eviction.

DemandaJuicioDesahucio10 meses
The tenants’ dispute did not have to become a permanent loss for the property owner.
03
CONCURSAL

Microenterprise insolvency: closure without declared personal liability for the director

A 7-employee company with public debts and loss of its premises. The insolvency ended without personal liability being declared against the director for company debts.

7employees
8months of proceedings
0real estate and vehicles
✓no personal liability declared

THE CASE

A company with 7 employees had accumulated debts with Social Security, the Tax Agency and its landlord. Eviction from the business premises made continuation impossible and the workforce was dismissed.

OUR STRATEGY

Once insolvency and the impossibility of continuing were established, the special microenterprise insolvency procedure was filed. The company had no real estate, vehicles or sufficient bank balances to meet its debts.

OUTCOME AND RESULT

The company was liquidated and closed within the insolvency process. The proceeding ended without liability being declared against the director or the company debts being transferred to him as a consequence of the insolvency. Approximate duration: 8 months.

Deuda
→
Concurso
→
Cierre
An orderly closure channelled the insolvency through the proper procedure and ended without declared personal liability for the director for company debts.

Past results do not guarantee future outcomes. Every matter depends on its facts, documents, court and specific circumstances.

IB ABOGADOS

Facing a similar problem?

Tell us what is happening and we will assess which legal strategy may fit your situation.

Review my case