ATHENS JUSTICE COURT
Formed by the Justice of the Peace M.K. and the Secretary E. G.
He/She sat down. publicly in his audience on November 21, 2016 to try the case:
- OF THE APPLICANT: N. L., who appeared with his attorney Saint Zervea.
OF THE PARTICIPANT IN THE CREDIT TRIAL:a public limited company with the name "EUROBANK ERGASIAS SA", which was represented by its attorney-in-fact, P. G.
- APPLICANT: A. L., who was represented by her attorney Saint Zervea.
OF THE PARTICIPANT IN THE CREDIT TRIAL: a banking company under the name "EUROBANK ERGASIAS SA", which was represented by its attorney-at-law, P. G.
With the application considered under item I., the applicant, citing a lack of bankruptcy capacity and a permanent, without malice, inability to pay his overdue debts, requests the ratification of the proposed settlement plan and, in the event of failure of the amicable resolution, the settlement of his debts, with monthly payments for a period of three to five years and his discharge from the balance, in accordance with the provision of article 8 of Law 3869/2010.
With the application considered under item II., the applicant, citing lack of bankruptcy capacity and permanent, without malice, inability to pay his overdue debts, requests the ratification of the proposed settlement plan and, in the event of failure of the amicable resolution, the settlement of his debts, with monthly payments for a period of three to five years and his exemption from the balance, according to the provision of article 8 of Law 3869/2010, as well as the exemption of his main residence from the sale, according to the provision of article 9 par. 2 of the same Law.
From the assessment of the applicant's deposition, which was examined in person for his application and under oath for his wife's application, which (depositions) are included in the same number as these Minutes, and of all the documents submitted by invocation, including the submitted observations of the creditor, the following were proven, in the opinion of the Court: The applicant, aged 72, is married to the applicant, currently aged 68. From his marriage they had two children, A. currently aged 44 and A., currently aged 41. The applicant is currently a pensioner of the Social Insurance Institution with a net main monthly pension for the month of November 2016 of 256.19 euros. By virtue of the no. 786/4-10-2012 decision of the Director of the Private Sector Provident Fund, the applicant was granted a one-time financial benefit of 3,237.91 euros from the Provident Fund of the Commercial Establishment Employees Fund. The applicant, an entrepreneur, had initially served as a temporary manager and subsequently as a permanent manager of the limited liability company, the purpose of which was the trading, purchase for resale and disposal of cars, motorcycles, vehicle spare parts, etc., the import and export of the above products, etc.
In a year prior to the filing of the adjudicated application, the applicants had incurred the following debts, which are considered, by law, to be overdue upon notification of the adjudicated application and are calculated at their current value at the time of notification of the application, with the exception of real secured loans, the interest on which continues to accrue at the interest rate of the current debt until the time of issuance of this decision. In particular, the applicant owes the creditor a total of 380,227.80 euros and specifically a1. the amount of 230,947.04 euros (244,526.73 CHF, exchange rate = 1.0588) from a housing loan agreement, as a co-debtor with the applicant as the debtor, a2. the amount of 128,891.82 (136,470.66 CHF, exchange rate = 1.0588) from a housing loan agreement as a co-borrower with the applicant as the debtor, a3. the amount of 20,388.43 euros from a housing loan agreement as a guarantor with the applicant as the primary debtor.
In addition, the applicant owes the creditor a total of 398,763.48 euros, based on the creditor's debt certificate dated 20-11-2015, and specifically: b1. the amount of 230,947.04 euros (244,526.73 CHF, current exchange rate = 1.0588) from a mortgage loan agreement, b2. the amount of 128,891.82 (136,470.66 CHF, current exchange rate = 1.0588) from a mortgage loan agreement, b3. the amount of 20,388.43 euros from a mortgage loan agreement, b4. the amount of 10,807.11 euros from one (1) credit card, b5. the amount of 4,356.67 euros from one (1) credit card and b6. the amount of 3,372.41 euros from one credit card.
The applicants have become permanently and permanently unable to meet their overdue debts, and their inability, taking into account the cost of living of each and the particularly unfavorable economic conditions in the market, is not due to fraud, which has not been proven. The proposed objection regarding the applicants' fraudulent inability to pay must be rejected as essentially unfounded, since the general economic crisis of the country, with the reduction in salaries and pensions and the increase in the cost of living of citizens, which they could not foresee, was the main cause of their inability to service their debts, and their inability is not due to fraud, which has not been proven.
The applicant does not currently own any real estate. The applicant is the owner of a prefabricated two-story residence in Nea Makri. In addition, the applicant is the sole owner of an old ground floor shop - horizontal property (a large old house with a total area of 435 sq.m. consisting of a ground floor, first and second floors above the ground floor) in Mantouki, Corfu. The property in question in Corfu has been classified as a historical monument.
Based on the above, the conditions for the combined application of the provisions of articles 8 par. 2 of Law 3869/2010 for monthly payments over a period of five years by the applicants, 9 par. 1 of Law 3869/2010 for the sale of the applicant's liquid assets and 9 par. 2 of Law 3869/2010 for gradual payments in order to exclude her main residence from the sale are met. In particular, the applicant meets the conditions for their inclusion in the regulation of Law 3869/2010 and in particular that of article 8 par. 2. Consequently, the regulation of his debts will be made in the first place with monthly payments directly to the participating creditor from his income for a period of five years, which will begin immediately upon notification of the decision to him.
As regards the more specific content of this regulation, the amount to be made available to his creditor, taking into account his income, his basic personal and family needs as above and the fact that he is not burdened with housing expenses, such as monthly rent, since he resides in his wife's property, which was described above, and the applicants' housing therein was secured with the disputed housing loans, the debt of which is regulated by this, amounts to the amount of 260 euros per month, an amount which will be paid to the creditor for the proportionate satisfaction of her claims and which is within his financial capabilities.
The settlement of the applicant's debts will be carried out first and foremost by the sale of the above-mentioned old ground floor shop - horizontal property in Mantouki, Corfu, which is considered to be likely to generate purchasing interest and yield a significant price for the partial satisfaction of the claim of the creditor participating in the proceedings. The sale, which is ordered by Law 3869/2010, is not a type of forced execution or auction. Article 9 par. 1 of Law 3869/2010 expressly mentions the "appropriate sale" and does not refer to auction procedures. Consequently, the liquidator proceeds to the sale of the assets indicated to him by the Court, without the conditions of a voluntary auction, with absolute freedom of movement, with the only exception being if limits are set by the Court, regarding the time of sale, the estimated value of the property and a minimum price.
FOR THESE REASONS
JOINTLY LAWYERS a) the application dated 10-9-2012 with registration no. 4857/28-9-2012 and b) the application dated 10-9-2012 with registration no. 4855/28-9-2012.
JUDGES contradiction of the parties.
ACCEPTED the application dated 10-9-2012 with registration no. 4857/28-9-2012.
REGULATES the applicant's debts in monthly payments over a period of five years, in the amount of two hundred and sixty (260) euros, to the creditor participating in the proceedings, for the proportionate satisfaction of her claims. The above amounts will be paid within the first five days of each month, starting from the first month after the notification of this to him.
ACCEPTED the application dated 10-9-2012 with registration no. 4855/28-9-2012.
ORDERS the free disposal in the most appropriate manner of the following property: old ground floor shop - horizontal property (large old house with a total area of 435 sq m. consisting of a ground floor, first and second floors) in Mantouki, Corfu.
DEFINES liquidator D. M., who will be informed by telephone about the assumption of her duties.
OBLIGATIONS the applicant to deposit the amount of four hundred (400) euros in the Deposits and Loans Fund and then present the relevant promissory note to the Secretariat of this Court to cover the initial costs of the aforementioned liquidator.
ORDERS the registration by the liquidator of this decision in the transfer books of the Athens Mortgage Registry.
REGULATES the applicant's debts in monthly payments over a five-year period, amounting to thirty (30) euros, to the creditor participating in the trial, for the proportionate satisfaction of her claims.
EXCEPT of the sale of the applicant's main residence, as specifically described in the reasoning hereof.
ENFORCES to the applicant the obligation to pay monthly to the participating creditor for the salvation of her residence, the amount of 459.87 euros per month for her claim under item b1. for a period of twenty (20) years.
JUDGED, was decided and published in Athens, on February 16, 2017, in an extraordinary and public session, without the presence of the parties and their attorneys.
THE SECRETARY OF THE JUSTICE
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