Ignoring emails, especially in the professional field, can lead to serious economic consequences. A Recent Judgment of the Provincial Court of Valencia has established a precedent in Spain by condemning a bankruptcy administrator to pay About 15,000 euros of your own pocket for not responding to the emails of a creditive company. A case that illustrates the importance of being diligent in digital communications and the cost it can generate not.
The origin of this litigation goes back to 2020when a construction company entered into the process of suspension of payments, which led to the beginning of A creditors contest. A Bankruptcy Administrator He was designated to manage the debts of the company and establish a payment plan. One of the creditor companies, which had two pending invoices of 2019 and 2020 for a total of 14,202.88 euroshe tried to communicate with the administrator.
Between April and December 2020, this company sent multiple emails requesting information about the status of its collection. However, The bankruptcy administrator ignored To these communications, which turned out that the debt was not included in the payment plan when the bankruptcy process was closed.
Given this situation, the credit company decided to file a lawsuit against the administrator. In his defense, he alleged that the debt had not been submitted on time and that the crediting company should have insisted more to see that its credit did not appear in the reports. Initially, the Commercial Court dismissed the claim.
However, the creditor company did not give up and resorted to the decision before the Provincial Court of Valencia. It was the Novena section of this court, under the presentation of the magistrate Jorge de la Rua Navarrothe one that gave the reason to the credit company. The magistrates considered that I had notified the debt properly, both by email and formally.
The sentence is clear: It was the responsibility of the bankruptcy administrator to the demands that came through a valid communication channel such as email. The Provincial Court emphasized that the diligence enforceable to a bankruptcy administrator is ‘more qualified’ than that of a ‘Good family father’ or even that of a ‘Ordered businessman’. This is because it is a position that requires accredited training and justified and reasonable behavior.
The court concluded that the administrator could not expose any valid legal argumentation to not recognize the debt, and that His refusal to solve it was not reasonable. Therefore, he was condemned to pay the debt of 14,202 euros plus interest generated since the presentation of the demand.
This sentence is One of the first in Spain in explicitly condemning this practice. José Martínez CarreraGeneral Director of the Office Manicwhich represented the crediting company, has declared Economyadigital.es that ‘finally this sentence collects day -to -day problems of creditors competitionswhere bankruptcy administrators too common They do not respond to any consultation for the payment of credits against the mass’. Regrets that administrators ‘Give the silent for response’forgetting that They are legal representatives of the company they manage.