Decision number: 1163/Φ 1300/2014
THE ATHENS JUSTICE COURT
Voluntary jurisdiction procedure
It was formed by the Justice of the Peace K. P., who was appointed by the President of the Three-Member Administrative Council of the Athens Justice of the Peace Court and the Secretary D. T.
He sat in public in his audience on May 12, 2014, to try the case:
OF THE APPLICANT: A. K. of B. and G., resident of Patision, Attica (__ street), who appeared with his attorney-in-fact Saint Zervea.
During the presentation of the case, the creditor referred to in the application, a limited liability company with the name "NATIONAL BANK OF GREECE S.A.", which is based in Athens and is legally represented, was represented by the attorney-at-law of B. M.
The applicant, with his application for voluntary jurisdiction procedure (Law 3869/2010) dated 30-1-2013, filed with the registry of this Court under filing number __/2013, requested the matters mentioned therein. A hearing was set for the discussion of this application on the date mentioned at the beginning of this decision.
The Court, after the above case has been read out from the relevant board and in the order in which it is recorded therein.
STUDY THE FILE
IT WAS THOUGHT IN ACCORDANCE WITH THE LAW
With the application under consideration, the applicant, citing a lack of bankruptcy capacity and a permanent inability to pay his overdue financial debts, requests their settlement by the court with the exception of the liquidation of his property that he uses as his main residence, according to the plan proposed by him.
With this content and request, the application considered competent is brought for discussion before this court (article 3 of Law 3869/2010) in the region of which the above debtor has his residence and in accordance with the special procedure of voluntary jurisdiction of articles 741 to 781 in conjunction with article 3 of Law 3869/2010. For its admissibility, the following are presented...
From the applicant's oral testimony examined in court, which is included in the minutes of the public hearing, which are identical to the decision, the documents submitted by the parties and the entire evidentiary process in general, the following were proven: The applicant lacks bankruptcy capacity, since he does not have a commercial capacity. He is 51 years old and worked as a construction worker. As is evident from his testimony and from the OAED certificate dated 25-4-2014, his work was basically seasonal and from 6-2-2009, when he was registered in the unemployed registers, until 15-2-2013, he worked occasionally. In fact, around the end of 2011, the applicant made an attempt to change his professional activity by opening a haberdashery store, which, however, was not profitable and thus he discontinued this activity after a few months (specifically on 7-12-2011, as shown by the 12-12-2011 proof of submission of the declaration of cessation of operation of the competent Tax Office). As of 15-2-2013, the applicant has been unable to find work, as a result of which he has remained unemployed since then. The applicant is separated from his wife and is the father of two adult children. He is the owner of an apartment built in 1952, with an area of 126.55 sq.m., located on the first floor of an apartment building on __ street in Athens. The objective value of this apartment amounts to 86,104.62 euros (as shown by the simple photocopy of the real estate tax statement for 2013 submitted by the applicant). The applicant resides alone in the above apartment. The applicant does not own any other movable or immovable property. From the submitted tax statements for the financial years 2008, 2009, 2010, 2011, 2012 and 2013, it appears that the applicant's annual income gradually shrank, amounting to 7,698.90, 7,182.05, 7,199.56, 7,310.69, 1,661.39 and 1,621.47 euros respectively...
The applicant's overdue debt for the above loans amounts to a total amount of 102,125.66 euros, as of 29-6-2012, as shown by the certificate of the creditor bank dated 5-7-2012. In addition to the above, the applicant is also liable as guarantor for a consumer loan debt with account no. 4218354820, which amounts to a total amount of 723.21 euros as of 29-6-2012, as shown by the same certificate as above. The applicant's minimum monthly living costs currently amount to €700.00 per month, according to the reasonable assessment of the Court in accordance with the lessons of common experience, for food, clothing, as well as heating, electricity, water, etc., an amount that is at levels that are tolerable in terms of a decent living. Given that the applicant is unemployed and in order to cover his living expenses, he receives financial assistance from his siblings. As it turned out, despite the fact that the applicant's income was not high, he, using his savings, regularly serviced his loan obligations until 2012, when he was no longer able to meet them since he still does not have a monthly income. From the above, the applicant's permanent inability to …
In accordance with all of the above, the application must be accepted as substantially well-founded and the applicant's debts must be settled for the period until the publication of the new decision of this Court, which will determine the monthly payments, with the aim of his partial exemption by complying with the terms of the settlement, excluding the sale of his main residence, in accordance with what is specifically defined in the operative part of this judgment. Legal costs are not awarded in accordance with article 8, paragraph 6, of Law 3869/2010.
FOR THESE REASONS
It judges by adversarial procedure.
Accepts the application.
It establishes zero payments for the settlement of the applicant's debts, which will apply for the period until the publication of the new decision of this Court.
Excludes from the sale the applicant's main residence, namely an apartment built in 1952, with a surface area of 126.55 sq.m., located on the first floor of an apartment building on __ street in Athens, which is fully owned by the applicant and has a percentage of 100%, and the objective value of which amounts to 86,104.62 euros.
A new hearing is scheduled for 15/1/2016 in order to assess a) any change in the applicant's financial situation and income and to determine monthly payments pursuant to Article 8, paragraph 2, and b) the exact percentage for the preservation of the applicant's main residence, the monthly payments that will be determined for this case and the time when these payments will begin.
It was judged, decided and published in its hearing in Athens, on 14/7/2014, in an extraordinary public session, in the absence of the parties and their attorneys.
THE SECRETARY OF THE JUSTICE
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