Canary Islands

A Canary Islands Court forgives a debt of 42,400 euros to a father who became indebted after his separation

"When they called me to tell me that my debts had been cleared, it was like being born again, because I thought I would die in debt and with my assets seized," confesses the affected person.

ciudad de la justicia

The holder of Court number 1 of the Court of First Instance (Commercial Section) of Las Palmas de Gran Canaria has forgiven a debt of 42,471 euros to a man who reached a situation of insolvency after requesting several loans to cover basic needs and the upkeep of his daughter after separating from his partner. 

The judge has discharged the unsatisfied liabilities of this man, relying on the Second Chance Law. The man's insolvency was the consequence of a concatenation of personal circumstances that placed him in a situation of absolute vulnerability. After more than 20 years in a relationship, approximately 15 years ago the definitive breakup of that relationship occurred. As explained by Bergadà Abogados, specialized in Insolvency Law, he was the one who generated the family income.

From that moment on, she had to start from scratch, without financial backing or family support and assuming the responsibility of supporting her young daughter alone. To cover basic expenses, she found herself in the need to request various loans, with the hope of being able to gradually improve her financial situation. “It was an economic necessity and the banks offered me loans. Everything was easy to sign up for, so I ended up chaining one after another,” she recalled.

Despite his limited resources, he met his financial obligations, in addition to paying monthly support for his daughter, which drastically reduced his economic capacity.

The lawyer who has handled the case and founding partner of Bergadà Abogados, Marta Bergadà, explains that “it was a clear case of supervening insolvency. He did not act irresponsibly or with the intention of evading his obligations, but rather he reached that situation after a traumatic personal breakup that left him without savings, without financial support, and with the exclusive responsibility of supporting his minor daughter”. Furthermore, she points out that “he did everything in his power: He took out loans to cover basic needs, he complied with his daughter’s maintenance, and he dedicated every euro he earned to trying to catch up.”

In his attempt to improve the situation and access a better-paying job, he even moved temporarily to Colombia. But far from finding stability, he became more indebted to cover housing, maintenance, and travel expenses. “They were very complicated and hard years. I always tried to pay what I owed by any means and uncovered one hole to cover another. It was a constant struggle,” the man expresses.

Over time, the debts exceeded his ability to pay and the economic pressure began to affect not only his financial stability, but also his emotional health. In fact, every income he received was primarily allocated to paying off debts, supporting his daughter, and minimally covering the most basic needs, leaving him trapped in a debt cycle with no way out. 

 

Impossible to face their debts

In this way, despite her effort and will to comply, a point was reached where it became impossible for her to meet her financial obligations. In fact, Marta Bergadà indicates that "she was in a critical situation. It should even be noted that she did not incur debts recklessly, but rather always prioritized her daughter's sustenance and the fulfillment of her obligations within her means."

The turning point came in September 2025, when a relative told him about an acquaintance who had managed to cancel his debts through the Second Chance Law. “He explained to me that this friend of his had gone through the entire procedure, had been granted the discharge of unsatisfied liabilities, and was now doing well,” he comments. Thus, the two began to search for information and met Bergadà Abogados, contacted the legal boutique, and the man had an initial meeting. Marta Bergadà indicates that “with the documentation he provided us, we clearly saw that he was a debtor in good faith, and we initiated the procedure.” 

In turn, the man adds that "I handled it very well, because I was very well informed." He even points out that "I received many calls from debt collection companies and banking entities, even receiving messages when I didn't answer immediately. But the Bergadà Abogados team explained to me how I had to face that situation."

The news occurred recently, when the holder of Courtroom number 1 of the Court of First Instance (Commercial Section) of Las Palmas de Gran Canaria forgave Bergadà Abogados' client a debt of 42,471 euros. “When they called me to tell me that my debts had been exonerated, it was like being born again, because I thought I would die in debt and with my assets seized”. For this reason, “now the future looks different and with much more tranquility. I have greater peace and that is the best thing. Therefore, I am very grateful to the Bergadà Abogados team for the work they have done”, he concluded.

Finally, Marta Bergadà has pointed out that “this ruling sends a clear message: Insolvency is not a moral failure, but an economic situation that can and must have a legal solution when the requirements are met”. Likewise, she has emphasized that “judicial decisions like this one reinforce the legal certainty of the Second Chance mechanism and demonstrate that the courts are applying the rule with sensitivity to the social reality behind each file. It is not about rewarding non-payment, but about protecting those who have acted responsibly and have been trapped in a situation that they objectively could not reverse”.