DO NOW · evidence → knowledge → power → act → consequence

Insolvency Administrator: what was known, what could be done, and what was done?

This page does not establish corruption, collusion or unlawful intent. It isolates document-answerable acts and omissions so the Insolvency Administrator's role can be professionally reviewed at the moments of greatest patrimonial consequence in Insolvency 36/2012. The linked 23 August 2026 criminal-lead record separately preserves Gil Marer's attributed approval, enablement, ratification or legally equivalent omission allegation; it is an allegation for investigation, not a finding.

Controlling record: removal, remuneration and the AC complaint

From 23 August 2026, every analysis of an Administrator act or omission must pass through the 23 April 2025 removal application, both orders, RPL 3304/2025 + 3319/2025, the EUR 110,956.97 claim and RPL 421/2026, the 18 June 2026 complaint associated with handwritten daily intake reference 22, and the cross-evidence—without procedural merger—from DP 1901/2026, DP 1956/2026, DIP 80/2026 and relevant later acts.

Open the complete digest and exact appeal links →

Three control points

26 June 2018

Mercantile Court No. 1 suspended the realization process for a defined set of properties because, if the appeal succeeded, the conditions of the proposed transfer in payment to Construcciones Acosta Matos S.A. would be substantially different. The remaining rulings stayed unchanged and liquidation could continue for other estate assets.

24 October 2019

The primary order already identified in the record documents an ob rem unlinking and sale carried out without prior judicial authorization and refuses later authorization or validation. The open question is what practical consequence that judicial control had for later acts.

2020–2022

The record should be reconstructed asset by asset: what information existed on title, LPB perimeter, Matkator/third-party assets, RIC, financing and exploitation before adjudication and transfer in payment, and what position the Administrator took in response.

Questions the record should answer

  1. What exactly was the Administrator's proposal referred to in the 26 June 2018 suspension order?
  2. What material or legal acts occurred during the suspension, and over which assets?
  3. After the 2019 non-validation order, what restitution, registry correction, estate-protection or court-notification measures were sought or adopted?
  4. What did the Administrator know about Matkator and other third-party rights before any representation of the complex as a single operating unit?
  5. What accounting bridge explains credit, interest, commercial premises, adjudication, cancellations, payments and any surplus?
  6. What documents were supplied to the Court and appellate bodies on each point?

Two criminal routes, different procedural states

The existence of two references does not permit them to be merged or one to be presented as confirmation of the other. Each has its own object, file and procedural status.

Status open to verification

DP 1901/2026

The located order of 12 July 2026 gave the Public Prosecutor five days to report on admission in relation to DIP 2/2026. At the latest published cut-off, no later signed decision had been located.

Open DP 1901/2026 →

Provisional dismissal

DP 1956/2026

The latest controlled status is provisional dismissal communicated on 21 July 2026. It is not presented as a final merits determination. The dedicated page explains the legal distinction and the possible future relevance of genuinely new evidence, always subject to judicial decision.

Open DP 1956/2026 →

Supervision is not a substitute for historical responsibility

Article 82 TRLC is a supervision and information power, not a clean-slate procedure. It permits the insolvency judge to require specific information or a report from the Insolvency Administrator. Article 83 separately provides that orders resolving questions concerning exercise of the office are not appealable and that the matter resolved may not then be raised by concursal incident.

For that reason, Por Derecho does not treat a broad Article 82 request as an automatic next step. Any use should be narrowly lawyer-validated for production, preservation, accounting or continuing estate protection and checked against the removal/appellate, DP 1956, qualification and separate responsibility routes.

Non-erasure rule. Later production, correction, restitution or improved accounting may reduce continuing harm and may be relevant evidence. It does not retroactively determine whether an earlier act or omission complied with duty, and it does not by itself establish or extinguish criminal, civil or insolvency responsibility.

Consolidated TRLC · arts. 80, 82–83 and 94–104 (BOE) →

Cuyás / Grant Thornton Canarias professional perimeter

Separate responsibility question. Documented use of an @es.gt.com account and the “Senior Advisor” description in Insolvency 36/2012 communications, together with the later commercial relationship acknowledged by Grant Thornton Spain and public Cuyás/GT professional presentation, makes it necessary to determine act by act whether any relevant conduct sat exclusively within the Administrator's personal sphere or within a collective professional perimeter.

No shared liability is attributed to Cuyás Abogados, Grant Thornton Canarias, Grant Thornton Spain or GTIL on those facts alone. The required test is: document → professional act → capacity → entity → authority/supervision → duty → damage → causation → applicable liability rule.

Open Cuyás Abogados / Grant Thornton Canarias · perimeter and potential responsibility →

Material that any competent route should be able to obtain

  1. Complete Administrator filings preceding each material transition from 2018–2022.
  2. Quarterly reports, ledgers, accounts, bank statements and annexes.
  3. Complete bidding file: data room, offers, deposits, hearing/recording and deliverability rules.
  4. Comparison between the Administrator's figures, court orders, deed and Registry.
  5. Warnings received concerning title, Matkator, RICPE, operation and financing, with the concrete response.
  6. Records capable of showing whether any act used personnel, review, billing, document storage or systems within the Cuyás / Grant Thornton Canarias perimeter.

Registry notice / ob rem / non-convalidation

The new controlled family registers the 28 December 2018 notice, burofax delivery to the Registry on 4 January 2019 at 11:58, the Registrar's response, the ob rem qualification and the 24 October order refusing convalidation. The 26 June continuation clause is a literal Administrator defence; it is not itself prior authority or removal of the unitary architecture. Open the actor–act–authority–effect analysis →

Reasonable defence preserved

The Insolvency Administrator exercised statutory functions within a court-supervised process and could rely on the liquidation plan, judicial orders and information then available. Error, a disputed interpretation or even an act later found to lack prior authorization does not by itself prove corruption or concerted wrongdoing. Likewise, use of a brand, office or email domain does not itself establish professional-firm liability.

What this page does not establish

It does not establish crime, judicial wrongdoing, corruption, collusion, misappropriation or civil or criminal liability. Its narrower function is to fix a verifiable matrix of knowledge, power, act, professional capacity, judicial response and patrimonial consequence.

Correction invitation: any primary document that contradicts, completes or contextualizes this matrix should be added visibly.

R33 · AC opposition to LPB appeal · 14 September 2026

The 22-page filing is now controlled separately with a public PDF viewer and a source-led forensic/prosecutorial analysis. It preserves the AC’s own propositions, admissions, inferences, incorporated screenshots, lawful explanations and open proof.

Open R33 source + viewer →

CANONICAL CONTROL · PD-AC-CLAIMS-R33-20260922-01

One actor, fourteen claim families, one evidential discipline.

The allegations concerning Francisco de Borja Rodríguez-Batllori Laffitte are now connected by stable IDs. They are not fourteen findings of liability: each family preserves source, attributed allegation, contrary evidence, lawful explanation, causation/intent status and open proof. R33, signed 14 September 2026, is the latest response node and is tested proposition by proposition.

AC-CLM-001

Annual accounts

AC-CLM-002

SWAP / financial-risk contract

AC-CLM-003

Assignment price / Art. 1535

AC-CLM-004

Transfer in payment / ACTÚA / debt-value

AC-CLM-005

Operating unity / 31 properties / €400,000

AC-CLM-006

2018 access, security and material control

AC-CLM-007

ONA / Clubotel funded exit

AC-CLM-008

Fees, remuneration and estate funds

AC-CLM-009

Opacity / conflict / Cuyás–Grant Thornton

AC-CLM-010

Standing, personation and procedural access

AC-CLM-011

Professional interference / isolation / attrition

AC-CLM-012

Actor-specific criminal complaint / DP 1956

AC-CLM-013

Final estate / assets / actions / cash

AC-CLM-014

R33 / contested characterizations / narrative inversion

Open full machine register → · Canon and limits → · R33 · source and contrast → · AC-CLM-011 · professional continuity →