ATHENS JUSTICE COURT

Formed by Justice of the Peace M. K. and Secretary E. G.

He/She sat down. publicly in his audience on November 21, 2016 to try the case

OF THE APPLICANT: F. K. of N., who was represented by her attorney-at-law Saint Zervea.

OF THE PARTICIPANTS IN THE CREDIT TRIAL:

1. a public limited company with the name "ALPHABANK S.A.".

  1. a public limited company with the name "EUROBANK ERGASIA SAE".
  2. a public limited company with the name "MILLENIUM BANK SA".
  3. a credit company under the name "HELLENIC POST CREDIT".

The application, which was filed within the six-month period of article 2 of Law 3869/2010 and has been duly and timely served, is competent and admissible and is brought for discussion before this Court…

From the assessment of the applicant's affidavit, included in the Minutes of the same number as these and of all the documents submitted by the parties, including the observations submitted by the participating creditors, the following was proven, in the opinion of the Court: The applicant, who is 66 years old, is divorced and has a son, currently 44 years old, X. S. The applicant has become permanently unable to pay her overdue financial debts through no fault of her own. She lacks commercial capacity and therefore bankruptcy capacity, given that she is an IKA pensioner with a monthly main pension of 628.67 euros and a monthly supplementary pension of 252.22 euros for the month of January 2017. As it appears from the income tax statements for the financial years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016, the applicant's total annual declared income amounted to 16,801.97 euros, 15,803.07 euros, 10,064.67 euros, 10,135.76 euros, 9,174.65 euros, 9,504.22 euros, 11,420.65 euros, 25,299.45 euros, 26,088.28 euros, 20,036.62 euros, 11,657.40 euros, 11,564.76 euros and 11,284.88 euros respectively, mainly coming from salaried services - pension.

In particular, the applicant owes a total of 136,673.33 euros to her creditors. The objection that the judgment is being exercised abusively, because the applicant, although she has income and is the owner of real estate, wishes to settle her debts with Law 3869/2010, with the ultimate aim of writing off almost all of her debt, should be rejected, since the above facts, in addition to their inaccuracy, based on what, in the opinion of the Court, has been proven, do not meet the actual legal rule of the provision of article 281 of the Code of Civil Procedure. The proposed objection regarding the applicant's fraudulent inability to pay must be rejected as essentially unfounded, since the country's general economic crisis, with the reduction in salaries and pensions and the increase in the cost of living of citizens, which it could not foresee, was the main cause of its inability to service its debts, and this inability is not due to fraud, which was not proven.

The applicant is the owner of a 112 sq.m. apartment in Athens (Chaidari) and an electrified house of 66.89 sq.m. in Kamena Vourla, however, in view of its estimated low commercial value, it is not considered suitable for sale today, according to the provision of article 9, paragraph 1 of Law 3869/2010, because it is not going to generate purchasing interest, nor will it yield a significant price to satisfy the applicant's creditors, in view of the unfavorable conditions prevailing in the market, taking into account the costs of the sale procedure in relation to all of her debts.

Based on the above, the conditions for its inclusion in the regulation of Law 3869/2010 are met, and in particular that of article 8, paragraph 2 and 9, paragraph 2. Consequently, the regulation of its debts will be made primarily through monthly payments directly to the participating creditors from its income for five years, which will begin immediately upon notification of the decision to it...

FOR THESE REASONS

JUDGES in the absence of the second, third, fourth and fifth creditor participating in the trial and the opposition of the other parties.

ACCEPTED the application.

REGULATES the applicant's debts in monthly payments over a period of five years, of a monthly amount of four hundred (400) euros, to the creditors participating in the proceedings, distributed proportionately among them. The above amount shall be paid within the first five days of each month, starting from the first month after the notification to him of this present order.

EXCEPT of the sale of the applicant's main residence, namely a one-story apartment, with an area of 112 sq.m., built in 1972, on the 1st floor above the ground floor of an apartment building, located in Athens (Chaidari).

ENFORCES to the applicant the obligation to pay monthly to the first creditor, for the salvation of her residence, the amount of two hundred and ninety euros and fifty-four cents (290.54 euros) over a period of seventeen (17) years.

JUDGED, was decided and published in Athens, on February 7, 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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