www.publicadorconcursal.es

                                                                   

Full URL: https://www.publicadorconcursal.es/

Strategic Imperative

The Publicador Concursal is the official state platform for all notices related to insolvency and bankruptcy proceedings in Spain. Its strategic value to COCOO is immense and directly supported by our intelligence. Our research shows that a key activity for sophisticated litigation funders is “purchasing insolvency claims”. 1 This portal is our direct window into that marketplace. By monitoring new insolvency proceedings, we can identify valuable legal assets (such as unresolved legal claims held by the insolvent company) that can be acquired from the insolvency practitioner.

 

This platform is therefore mission-critical for:

  • Originating Monetizable Assets: It allows us to proactively identify legal claims that can be purchased outright or funded, aligning with the business models of funders like Bench Walk Advisors and Fortress Investment Group. 222
  • Competitor Destabilization: Identifying a key competitor or supplier entering insolvency provides a “Political Time Window” (PTW) to act, either by acquiring their valuable assets/claims or by positioning COCOO as a mediator in the resulting supply chain disruption. 33
  • USP (Unsolicited Proposal) to Insolvency Practitioners: We can approach the appointed administrador concursal (insolvency practitioner) with a USP to value and monetize the estate’s legal claims, offering a solution to generate value for creditors. 444

Part I: The Search Platform’s Rules & Functionality

The platform is a straightforward, filter-based search tool. Precision comes from using the correct identifiers and understanding the process.

  • Primary Search Fields:
    • Nombre/Razón social (Name / Company Name): Searches for the name of the insolvent individual or company.
    • NIF / Otro doc. (Tax ID / Other Doc.): The most precise way to search, using the entity’s unique Spanish tax identification number.
    • Provincia (Province): Allows filtering by geographic region, which is useful for identifying clusters of insolvency in a specific area.
  • Key Filters:
    • Tipo de resolución (Type of resolution): This is a critical filter for understanding the stage of the insolvency process. Key stages include the declaration of insolvency, the appointment of the insolvency administrator, and the plan for liquidation or agreement.
  • Access to Information: The search results provide a summary of the notice. Clicking on a result provides access to the official notice (the edicto), which contains details of the court, the case number, the insolvency administrator appointed, and key deadlines for creditors to present their claims.

Part II: The COCOO Strategic Search Model for the Publicador Concursal

This protocol provides a systematic workflow for identifying high-potential opportunities.

Phase 1: Proactive Monitoring & Targeted Search

  • Step 1.1: Adversary & Supply Chain Watchlist: We will maintain a list of key competitors, strategic suppliers, and other relevant companies in our target sectors. This list will be run through the Publicador Concursal search on a weekly basis to catch any new insolvency filings immediately.
  • Step 1.2: Sectoral Distress Monitoring: On a monthly basis, we will conduct searches using the Provincia filter for provinces with a high concentration of our target industries. A spike in insolvency notices in a specific region and sector can be a “Simple Indicator” of widespread market distress and opportunity. 5

Phase 2: The Opportunity Qualification Protocol

  • Step 2.1: Initial Triage: Once a potentially interesting insolvent company is identified, the first step is to retrieve the official notice and identify the appointed insolvency administrator and the court.
  • Step 2.2: Corporate Intelligence Deep Dive: Immediately conduct a full corporate intelligence workup on the insolvent company using our other tools (InfoCIF, OEPM, etc.). The goal is to identify their potential assets, particularly valuable legal claims they may have been pursuing before insolvency (e.g., claims against larger companies for breach of contract).
  • Step 2.3: Identify High-Value Claims: Look for evidence of large, unresolved commercial disputes, unpaid debts from major customers, or potential claims against former directors. These are the “legal assets” we can monetize. 6

Phase 3: Strategic Action & USP Formulation

  • Step 3.1: Approach the Insolvency Practitioner: Once a valuable potential claim is identified, we will approach the appointed insolvency practitioner. Practitioners have a duty to maximize value for the estate’s creditors. 7
  • Step 3.2: Craft the USP: We will present a formal USP. The proposal will not just be to “buy the claim” but to offer a sophisticated solution. We can offer:
    1. To facilitate a non-recourse funding agreement with a litigation funder to pursue the claim, taking the cost and risk away from the insolvent estate. 8888
    2. To facilitate an outright purchase of the claim by a specialized firm, providing immediate liquidity to the creditors. 999999999
    3. To act as COCOO, providing the expert management to package the claim and run the process, securing a fee for our services.

Part III: Application to COCOO Doctrines

This model is designed to directly execute our most advanced case origination strategies.

Mind Map Doctrine Application of the Publicador Concursal Model
FOC DAM / Find new evidence to be monetised This is the primary application. The portal is a direct source of legal claims (evidence) that are, by definition, held by a party (the insolvent estate) that needs to monetize them. We find the evidence and the motivated seller in one place. 1010
USP (Unsolicited Proposal) The entire Strategic Action protocol (Phase 3) is a playbook for crafting a high-value USP to an insolvency practitioner, offering a sophisticated financial solution rather than just a legal service. 11111111
PTW (Political Time Window) The insolvency of a major employer in a specific region creates an immediate political and economic crisis. This is a PTW that allows us to approach regional authorities with proposals to save jobs by efficiently monetizing the company’s assets, including its legal claims. 12121212
Noisefilter The portal allows us to filter the “noise” of market rumors. A company rumored to be in trouble is just gossip; a company appearing on the Publicador Concursal is a confirmed, actionable opportunity. 13131313
Acquiring Claims (as per Litigation Finance market) This model directly operationalizes the strategies of major legal finance players who explicitly state they are “purchasing insolvency claims”. We use this tool to find the very assets they are looking for, positioning COCOO as a valuable originator. 14

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