DECISION NUMBER: 363/2014
THE LAVRIO PEACE COURT
Justice of the Peace M. K.
Secretary P. P.
He sat in public in his audience on April 10, 2014 to
adjudicate the case between:
OF THE APPLICANT: B. G. of I. and M., resident of Kalivia, Attica, __ street, who appeared in Court with his attorney-at-law Saint Zervea.
AND THE APPLICATION OF: A banking company with the name "ALPHA BANK S.A." and the distinctive title "ALPHA BANK", as the universal successor of the banking company with the name COMMERCIAL BANK OF GREECE S.A., due to a merger by absorption of the latter by the former, which is based in Athens (Stadiou no. 40) and is legally represented, was represented by the attorney-at-law of A. K.
The applicant, with his application dated February 15, 2013 (filing document number __/2013) and for the reasons stated therein, requested that it be accepted.
For the discussion of the above case, the hearing mentioned at the beginning was set.
A discussion followed as noted in the minutes.
He studied the case file – He thought according to the Law
The application, which is being considered, states the following: The applicant, who does not have a commercial capacity and therefore lacks bankruptcy capacity, has become, without malice, permanently unable to pay the overdue debts to Emporiki Bank, in whose place, due to succession, ALFA BANK, which took part in the procedure, has stepped in. He therefore requests, in assessment of the content of the application, that a judicial settlement of his debts be made in order to be relieved of them and to exclude his main residence from the liquidation of his property…
The evidentiary procedure revealed that the applicant is 41 years old. He is a professional taxi driver. He is divorced from his ex-wife, with whom he has two minor children, aged 13 and 7, who live with him. From 2001 to 2006 he had concluded loan agreements with Emporiki Bank, to which his debts have become overdue and are: a) from the with account no. 2478139020 housing loan agreement 164,042.22 euros, b) from the with account no. 2550893620 housing loan agreement 29,031.80 euros, c) from the with account no. 2596552620 consumer loan agreement 6,095.72 euros, d) from the with account no. account no. 2613055420 housing loan agreement 21,904.53 euros, e) from the account no. 2645914120 housing loan agreement 14,427.19 euros, f) from the account no. 2720490820 housing loan agreement 59,797.22 euros, g) from the account no. 4960920922368260 credit card agreement 6,261.46 euros. The corresponding claims of the creditor bank are partially secured by real security, a mortgage note for the amount of 270,000 drachmas registered on the applicant's main residence. In order to repay the installments of the above loans, based on the terms of the loan agreements, the applicant was required to pay a total monthly installment of approximately 1,600 euros. At the time of assuming his loan obligations, the applicant had a monthly income of 3,000 - 4,500 euros, in addition to the income contributed by his wife of 400 euros, and was thus able to repay his debts without jeopardizing the decent living of himself and his family members. However, in recent years, his income has decreased by approximately half and his average monthly income is 1,800 euros and his wife's salary is not contributed to the family income.
Therefore, the applicant has become, without malice, unable to repay his debts; his inability is estimated to be permanent, since the prolonged economic recession that the country is going through has no visible recovery horizon.
The cost of living for himself and his two children, calculated at the poverty line, as he must live in order to repay his debts as fully as possible, is 1,000 euros. The rest of his income must be allocated to repaying his debts.
The creditors' objection regarding the applicant's fraudulent entry into a state of inability to pay, his fraud consisting in his conscious assumption of many debts, without having the required financial - income capacity to meet their repayment, is legitimate but must be rejected as essentially unfounded, since the applicant, before his income decreased, was able to meet his loan obligations and the reversal in the level of his income is not due to his own fault, but his income decreased due to the economic recession that the country is going through with no visible horizon of exit from it.
The defendant also claims that the applicant is exercising his right abusively, because the percentage of the debt from which he seeks to be relieved is excessive, combined with his non-permanent inability to repay his debts and the absence of extraordinary circumstances that brought him into a state of inability to repay them. This objection must be rejected since the aim of the provisions of Law 3869/2010 is to give a second chance to the over-indebted debtor to reintegrate into economic and social life by regaining the financial freedom that the elimination of the debts he is unable to repay entails. Weakness, after all, does not necessarily constitute an extraordinary event, but also other factors such as failure to consider the borrower's financial capabilities, unfortunate planning, aggressive credit promotion practices, income constraints, high interest rates, etc. Moreover, in this case it was proven that the applicant's inability to repay his debts is real, due to the reversal of his income, therefore the applicant is not abusing his right to judicial settlement of his debts. Article sponsor Find something for everyone in our collection of colorful, bright and elegant socks. Buy individually or in bundles to add color to your drawer!
The applicant's assets are: a two-story detached house with an area of 117 sq m, consisting of a basement, ground floor and first floor with attic, built on a plot of land with an area of 449.33 sq m, located in the Kalivia area of the Municipality of Lavreotiki on __ street. This property is the applicant's main residence and its objective value is 88,000 euros. He is also the owner of a Passenger Car (TAXI), which, however, is the only tool for his work and income generation.
After this, it is considered that the applicant has the conditions for his inclusion in the regulations of Law 3869/2010 and specifically A) in that of article 8 par. 2 for monthly payments for 5 years and B) in that of article 9 for the payment of monthly installments up to a percentage of 80% of the objective value of his main residence, in order for it not to be sold to repay his debts. Thus, the applicant must pay 60 monthly installments of 800 euros each for 5 years. At the end of the two years, he will have paid 48,000 euros. With this amount, he does not repay his debts, therefore, in order not to sell his only sellable asset, which is his main residence, he must pay 80% of its objective value of (88,000 X 80%) 70,400 euros within 20 years in 240 monthly installments of (70,400 : 240) 293 euros. The repayment of this amount will be made with interest, without compounding, at 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, adjusted with this reference interest rate of the Main Refinancing Operations of the European Central Bank. It will begin after the above five years have elapsed from the date of commencement of application of the regulation.
After this, the application must be accepted as well-founded and in its essence and the applicant's debts must be regulated with the aim of his discharge from them by complying with the terms of the regulation, excluding the sale of his main residence, in accordance with what is specifically defined in the operative part. Legal costs are not awarded in accordance with article 8, paragraph 6 of law 3869/2010.
FOR THESE REASONS
It judges the conflict of the parties.
Accepts the application.
It subjects the applicant to the regulations of Law 3869/2010.
It regulates the applicant's debts as follows: A) It establishes the payment of sixty (60) monthly installments for a period of 5 years of eight hundred (800) euros each to ALFA BANK, starting after the lapse of three (3) months from the publication of the decision. B) It stipulates the payment of two hundred and forty (240) monthly installments for a period of 20 years of two hundred and ninety-three (293) euros each, starting immediately the following month after the two-year period of the arrangement under item A has elapsed.
Excludes from sale the applicant's main residence, specifically: a two-story detached house of 117 sq m, consisting of a basement, ground floor and first floor with attic, built on a plot of 449.33 sq m, located in the Kalyvia area of the Municipality of Lavreotiki on __ street,
It was judged, decided and published in its hearing on September 16, 2014.
THE SECRETARY OF THE JUSTICE
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