"The payments made by Ignacio Calatayud with respect to the common phase of the creditors' meeting, 86,000 euros plus IGIC, actually correspond to work carried out by the previous lawyer of the bankruptcy proceedings, José Cobo Plana." This was revealed this Monday by Inalsa, which continues to analyze the documentation that it had to collect in the Courts after "Ignacio Calatayud's refusal to provide information on the procedures in which he has represented the public company."
Thanks to this, it is recalled that it was possible to verify that the former president of the Cabildo and former CEO of Inalsa, Pedro San Ginés, accepted a second budget from "his lawyer-friend" whose sole purpose was the so-called common phase of the bankruptcy procedure, leaving out the bankruptcy incidents. "However, at the time of hiring, all the work corresponding to the common phase had been carried out because after the preparatory tasks, the bankruptcy application had been filed, the patrimonial masses had been determined and published, without any challenges to the Inventory of assets and rights and the list of creditors," Inalsa emphasizes.
"In these circumstances, Calatayud could only be hired, precisely, to represent Inalsa in the incidental proceedings, since the rest of the objectives of the common phase had already been met, explain from the public company, which recalls that San Ginés "explicitly excluded the incidents from the second contract, allowing Calatayud to charge for work that had already been carried out by the previous legal team."
What the common phase consists of
The common phase of a bankruptcy procedure begins with the application for declaration of bankruptcy and aims to determine the patrimonial situation of the bankrupt, establishing the amount of their assets and debts (active mass and passive mass), in addition to qualifying the credit of the suppliers.
After these preliminary tasks, and as part of the common phase, the administrators send the Court a report containing the Inventory of assets and rights and the list of creditors, ordering the jurisdictional body to publish such report and its communication to the parties involved.
From the moment of publication, both the challenge of the documentation presented by the bankruptcy administration and the incidents, that is, partial claims by some of those affected, are possible.
The work carried out by the previous lawyer
"It is evident that the first of these tasks, the preparation of the necessary documentation and the presentation of the bankruptcy application, was carried out by the previous legal team in June 2009, after two months of preparatory work and six months before Calatayud was hired for the first time," insist from Inalsa.
In addition, they add that "the second objective of the common phase, the determination of the patrimonial situation of the bankrupt, had also been developed before the hiring of Calatayud because, as the bankruptcy administrators point out in their Accountability Report, the bankruptcy administration presented the Inventory of assets and rights and the list of creditors to the Court on October 23, 2009, being published in the BOE of February 11, 2010, without either of the two documents being challenged."
"Therefore, as accredited by the judicial administrators themselves, the objectives of the common phase, with the exception of the incidents, were executed before the hiring of Calatayud for that first phase and had been developed with the participation of the lawyer hired prior to Calatayud," warns the company.
