DEBT · VOTING · ACCESS · SECURITY · MAINTENANCE · LIQUIDATION

Who administered critical functions over LPB and the hotel in practice?

The documents permit reconstruction of an architecture in which the Community and private actors exercised functions over debt, voting, access, security and maintenance, while the Insolvency Administration requested, authorised or used parts of that structure. The criminal question is whether this was legitimate preservation, error, negligence, knowing facilitation or coordinated participation.

Active forensic investigation · not a declaration of guilt

Proof rule. “De facto administrator”, “shadow administrator”, creditor in possession, delegated estate manager and necessary cooperator are not synonyms. Function, duration, autonomy, authority, knowledge, benefit and effect must be proved person by person and asset by asset.

State of the evidence

DOCUMENTED

Stable private functions

The Community administration controlled debt records, meetings and voting, access verification, security and maintenance. After liquidation opened, the Administrator requested security, attended meetings and authorised identified entries into LPB spaces.

POR DERECHO ALLEGES

Unrecognised material administration

Por Derecho contends that this structure allowed private actors to direct material functions of the estate and hotel without appointment, accounts or proper separation from Matkator and third-party rights.

NOT PROVED

Criminal agreement

A criminal agreement, knowing falsity of a specific document, habitual private direction of the Administrator or comprehensive corporate administration of LPB by those actors is not yet established.

Functions requiring de facto-administration examination

FunctionDocumented private conductAdministrator connectionCurrent conclusion
Community debtCommunity books, certificates and spreadsheets.The Administrator incorporated or certified creditor-supplied figures.Documentary dependency established; independent verification outstanding.
Voting and officesDebtor exclusions and decisions with only one represented voting interest in the May 2018 source.LPB was treated as unable to vote because of Community debt.Serious authority/conflict issue; not proof of falsification alone.
Security and accessGuards, entry control and title/authority verification.The initial request and identified authorisations came from the Administrator.Material delegated or tolerated function documented.
MaintenanceEntry and technical intervention through the Community structure.The Administrator admitted authorisations for opening, closing and maintenance.Practical management documented; scope and necessity require audit.
Funding of measuresDeclarations attribute Community liquidity/payments to CAM.The funded structure implemented measures promoted by the Administrator.Direct source statement; banking and legal trail missing.
Offer and liquidationCAM supplied appraisal, offer, debt and future-operation case.The Administrator recommended the structure and used it in the plan.Transaction dependency; legitimate commercial rationale also possible.
Hotel operationThe private perimeter later developed and operated the hotel.No present source proves an Administrator delegation of the operation itself.Do not state as fact that hotel operation was delegated by the Administrator.

Mobile debt: four figures, four different functions

EUR 718,663.24

Pre-insolvency claim

Quantified in 2016. The 20 January 2017 order formally converted it into an ordinary contingent claim without its own amount.

EUR 195,815

Estate claim in 2016

Annex 2 amount through April 2016. Its updateable character does not remove the need for invoices, periods, payment and allocation.

EUR 427,135.05

Post-insolvency figure in 2020

The Administrator certified it using a spreadsheet supplied by the creditor. The complete accounting basis remains open.

EUR 1,145,798.29

Better-bid condition

Amount used in the 2021 bidding route. It has not been located as an express amendment of the definitive texts.

Double-charge hypothesis. Important evidence shows hotel-operation payments for water, electricity, maintenance and insurance. Double charging requires matching supplier, invoice, period, beneficiary, payer and Community recharge. Similar labels are insufficient.

Direct answer: were the definitive texts changed clandestinely?

What has been located

  • Incidents 07 and 08 pre-date the 2016 definitive texts.
  • 20 January 2017: formal Article 97 bis modification of the Community pre-insolvency claim to contingent/no own amount.
  • 8 February 2018: formal Promontoria-to-CAM holder substitution without increasing the recognised EUR 857,373.81 and EUR 8,194,877.88 amounts.
  • 23 July 2019: the Provincial Court fixed liquidation/better-bid effects and stated that it was not modifying the definitive texts.
  • 2021: later figures operated as better-bid conditions, not as an identified express amendment of the definitive list.
Current conclusion. No post-liquidation insolvency incident has been located that finally re-quantifies the Community debt, enlarges the EUR 9,052,251.69 privileged total or converts every later interest component into definitive insolvency credit. This means “not located”, not “non-existent”, pending the complete certified court index.

The more accurate present description is possible functional substitution or category collapse: reserve figures, mortgage responsibility, better-bid thresholds and consideration may have operated as though they were definitive debt, although they did not perform the same legal function. Later material was filed and contested; clandestinity is therefore not proved.

Documented coordination versus unproved collusion

Security 2018

Administrator request → Community approval → private access implementation. This is a documented coordination chain. The defence is necessary preservation of an inactive and deteriorating property.

Debt 2019–2021

Community certificate/spreadsheet → Administrator filing/certification → judicial better-bid condition. Accuracy, non-duplication and sufficient verification remain to be proved.

CAM opposition

CAM relied on Community decisions and Administrator participation to defend access and technical measures. This is open procedural alignment, not criminal collusion by itself.

Exit negotiation

Contemporaneous communications also show open negotiation, interest-limit discussion and contact facilitation. This is mandatory counterevidence against a total secret-conspiracy theory.

Criminal hypotheses: what is still required

HypothesisPresent supportMissing proofStatus
Procedural fraudDisputed debt/authority premises affected bidding and decisions.Specific false proposition, knowledge, sufficient deception, judicial error, dispositive act, benefit and prejudice.Serious hypothesis; not proved.
Documentary falsityChanging figures and contested authority.Exact false document/entry, author, alteration, knowledge and use.Open.
De facto administrationStable functional control of debt, access, security and maintenance.Autonomy, habituality, decision dominance and date-specific legal application.Functional elements supported; legal status open.
Knowing facilitationAdministrator authorisations and adoption were operationally relevant.Knowledge of falsity/unlawfulness, intent and essential causal contribution.Do not state as fact yet.
CollusionRepeated alignment and structural benefit.Agreement and shared unlawful purpose.Not established.
Judicial prevaricationAdverse decisions consolidated the route.An objectively unjust decision and knowledge of that injustice.Not established.

Decisive evidence outstanding

Authority and voting

Native minute book, notices, titles, coefficients, proxies, exclusions and appointments from 2011–2021.

Money and duplication

Ledger, banks, invoices and supplier-period-payer-recharge crosswalk for Community, CEXP, Monterecco/Pink and LPB.

Knowledge and instructions

Native Administrator–Community–CAM/Pamalexsha communications, security contracts, keys, codes, access records and CAM payments.

Definitive texts and liquidation

Certified court index, all post-2016 changes, interest calculation, offer/schedules, final accounts, EUR 400,000, deed, notice and Registry.

Read the connected record

Response and correction. Any person or entity identified by function is invited to provide native minutes, invoices, banks, instructions, authorisations, decisions or explanations that confirm, correct or contradict this reconstruction.