THE ATHENS JUSTICE COURT
(Voluntary Jurisdiction Procedure)
Formed by the Justice of the Peace of Athens, E. G., who was appointed by the President of the Three-Member Board of Directors and the Secretary, E. M.
He/She sat down. publicly in its hearing on 28-4-2017 to try the case between:
OF THE APPLICANT: E. L. of A., resident of Byron, Attica, who appeared with her attorney, Aghios Zerveas.
OF THE PARTICIPANTS IN THE CREDIT TRIAL, who became parties after their legal summons (article 5 of Law 3869/2010):
- A public limited company with the name "EUROBANKERGAS1AS BANK S.A.", headquartered in Athens, 8 Othonos Street, as legally represented, which was represented by the power of attorney of its attorney, Z. A.
- A banking company under the name "ALPHA BANK S.A.", headquartered in Athens, Stadiou Street, No. 40, as legally represented, which was not present.
The applicant requests that her application dated 31-12-2013, which was filed with the Court Secretariat under number ../7-1-2014 and was scheduled to be discussed on 5-4-2019, be accepted. Already after the act number 37/2016 of the President of the Three-Member Administrative Council of this court, the above application was re-scheduled ex officio to be discussed on 23-1-2017 and after adjournment to today's hearing.
During the discussion of the case, the attorneys for the parties who appeared presented their claims and requested that what was stated in the minutes and in the motions they submitted be accepted.
STUDY THE FILE
THOUGHT IN ACCORDANCE WITH THE LAW
In her application under consideration, as legally supplemented by a statement by her attorney at the hearing, the applicant claims that she does not have bankruptcy capacity and that she is permanently unable to pay her overdue financial debts to the creditors, which are mentioned in the list of creditors contained in the application. For this reason, she requests the settlement of her debts and her release from them, in accordance with the settlement plan she submits. She also requests that the property described in the application, which can serve as her main residence, be excluded from the sale.
With this content, the competent application is brought for discussion before this court, during the procedure of voluntary jurisdiction. It is legal and definite.
From the testimony of the applicant's husband, which was examined in court, and from all the documents submitted by the parties, the following facts were proven:
The applicant, currently 51 years old, is married to S. L. and they have two minor children aged 21 and 20, one of whom is unemployed and the other is studying at the Technological Educational Institute of Peloponnese. At the time of filing the application (January 2014) she was unemployed, while she now works as an employee in the sole proprietorship of D. L. (cheese pie workshop, refreshment bar - pizzeria), which is based in Glyfada, Attica, with a monthly salary of approximately 740 euros, including holiday gifts and vacation allowance. Moreover, the applicant's husband has been a partner in the limited liability company under the name ... since 2010, but does not appear to have any income, as is apparent from the income tax returns submitted for the past few years.
Furthermore, the applicant, from loans received prior to the year of filing the application in question, has the following debts towards the creditors participating in the proceedings:
- EUROBANK ERGASIAS S.A.: a) from the loan with contract number 33001760 granted to the limited liability company with the name ..., in which the applicant's husband was a partner at the time and which was guaranteed by the partners S. L. and P. S., as well as the applicant up to the amount of 45,000 euros, plus interest and expenses, an amount of 60,643.38 euros and b) from the consumer loan with contract number 2069279727, an amount of 15,259.11 euros, i.e. a total of 75,902.49 euros.
- ALPHA BANK S.A.: From the credit card with contract number 200608255147000, amount 1,442.20 euros.
Therefore, the applicant's total debt to her creditors amounts to 77,344.69 euros, with an obligation to pay monthly installments to them of close to 900 euros, as her husband testified at the hearing. The applicant stopped paying the above installments before the filing of the application under consideration, with the result that they became overdue.
From the above-mentioned, it emerges comparatively that it was not able to meet its overdue debts to its creditors, with the result that it has been, at least since the time of filing the present application, without malice, in a permanent inability to pay its overdue financial debts. Moreover, due to the deep crisis that is plaguing the country, it has no prospects of significantly improving its financial situation.
The applicant, in addition to the right of freehold ownership in an apartment that can serve as her main residence, which she requests to be exempted from the sale and which will be discussed in detail below, also owns the following assets: a) the freehold ownership of a shop on the ground floor of a two-story building, located in Kaisariani, Attica, with an area of 55 square meters and a percentage of co-ownership in the plot b) the freehold ownership of the right above the above building which corresponds to a percentage of co-ownership indivisible in the plot 458/1000 c) the full ownership of an apartment on the first floor above the ground floor of a two-story building, located in Artemida, Attica, with an area of 60 square meters and d) the vehicle registration number YZK 7959 IX passenger car, brand HYUNDAI (ATOS), 999 cc, released in 1998 and has zero value. However, the court will not order the sale of the above assets of the applicant, because it considers that they will not generate buying interest.
Consequently, the court, because the applicant has insufficient income, through no fault of her own, must, in accordance with article 8, paragraphs 2 and 5 of Law 3869/2010, as the paragraph was in force before being amended by Law 4336/2015, regulate her debts and oblige her to pay to her creditors, for a period of five (5) years, the amount of sixty (60) euros per month proposed by her husband in court, distributed proportionately.
Furthermore, the applicant has the freehold ownership of an apartment on the first floor above the ground floor of a two-story building, located in Kaisariani, Attica, on ... street, with an area of 62 square meters and a percentage of co-ownership indivisible in the plot, which can serve as her main residence. The freehold ownership of the above apartment has an objective value of 40,510.80 euros, i.e. its value does not exceed the tax-free acquisition limit for a married person with two children provided for by the applicable provisions, increased by 50% and therefore must be excluded from the sale after the submission of a relevant liquidation proposal by the applicant. This post is supported by our partners.
From the aforementioned monthly payments of the applicant to her creditors for a period of five years, only part of her debts will be covered, specifically 3,600 (60 months X 60) euros, out of a total debt of 77,344.69 euros. The satisfaction of the remaining claims of her creditors (73,744.69 euros) will be made by further payment of an amount to save the applicant's main residence, which will amount to 80% of its objective value, i.e. the amount of 32,408.64 [40,510.80 X 80%] euros. The repayment of this amount will be made in accordance with the law, at an interest rate that will not exceed the average interest rate of a floating-rate mortgage loan, which will be in effect at the time of repayment, according to the statistical bulletin of the Bank of Greece and without compound interest, while the interest-free repayment period of this amount, which will be made in monthly installments, must be set at 20 years. Each of the above monthly installments amounts to 135.04 euros [32,408.64: 240 months] and the first of these will be paid after the lapse of five (5) years from the publication of this decision, since it is considered that the applicant should be granted a grace period. From these payments, the applicant's creditors will be satisfied proportionately, because there is no creditor with real security in her exempted main residence.
Consequently, after rejecting the objections of the first creditor participating in the proceedings, as unfounded, the application must be accepted as substantially well-founded and the applicant's debts referred to therein must be regulated, with the exception of the sale of the property that can serve as her main residence, as stated in the operative part. The applicant's release from any existing debt balance towards her creditors will occur in accordance with the law (article 11 par. 1 of law 3869/2010), after the proper execution of the obligations imposed on her by this decision. No court costs are awarded (article 8 par. 6 of law 3869/2010).
FOR THESE REASONS
JUDGES in the absence of the second creditor participating in the trial and opposition of the remaining parties.
ACCEPTED the application.
OBLIGATIONS the applicant to pay to the creditors participating in the trial, for a period of five (5) years, the total amount of sixty (60) euros per month, distributed proportionally, which will be paid on the first three days of each month, starting from the second month after the publication of this decision.
EXCEPT from the sale of an apartment on the first floor above the ground floor of a building, located in Kaisariani, Attica, on ... street, with an area of 62 square meters and a percentage of undivided co-ownership of the plot, which belongs to the applicant by fine ownership and can serve as her main residence.
IT IS REQUIRED the applicant to pay for the above reason (saving her main residence) to the creditors participating in the trial, the total amount of 32,408.64 euros, in monthly installments of a total amount of 135.04 euros each, distributed equally. These installments will be interest-bearing, with an interest rate that will not exceed the average interest rate of a housing loan with a variable interest rate, which will be in effect at the time of their repayment, according to the statistical bulletin of the Bank of Greece and without compound interest, they will begin to be paid 5 years after the publication of this decision within the first three days of each month and will last for 20 years.
It was judged, decided and published in an extraordinary public session in its audience, without the parties and their attorneys present on 24.05.2017.
THE JUSTICE'S SECRETARY
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