NUMBER 323/Φ727/2014

THE ATHENS JUSTICE COURT

It was formed by Justice of the Peace N. T., who was appointed by the President of the Three-Member Administrative Council of the Athens Justice of the Peace, in the presence of the Secretary D. T.

It sat in public session on February 4, 2014, to try the following case:

The applicant: S. P. of S. and E., resident of Athens, who appeared with her attorney-at-law Saint Zervea.

The creditors participating in the trial, who have become parties after their legal summons (articles 5 of Law 3869/2010 and 748 § 2 of the Code of Civil Procedure) and are represented as follows:

  1. The public limited company with the name "NATIONAL BANK OF GREECE S.A.", headquartered in Athens and legally represented, which was represented by its attorney-at-law I. Ch.
  2. The banking company with the name "EUROBANK ERGASIAS SA", as the bank was renamed "EFG EUROBANK ERGASIAS S.A.", which is based in Athens and is legally represented, which was represented by its attorney-in-fact P. G.

The applicant, with her application dated 16-2-2012, voluntary jurisdiction procedure, filed with serial number __/2012 and plate number PO 9, requested what is mentioned therein.

On this application, by the act of the Athens Magistrate's Court dated 1-3-2012, a hearing date was set, as referred to at the beginning of this present case, during which the case was read out from the relevant register and in the order in which it was registered there, and the parties were present as noted above.

STUDY THE FILE

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 her overdue financial debts, requests the settlement of her debts by the Court according to the plan proposed by her, so that she is partially relieved of any existing balance of her debts towards her creditors included in the statement submitted by her, with the exception of her main residence, and after taking into account her financial and family situation.

The application under consideration, which is sufficiently defined, and the claims to the contrary made by the disputing banks are rejected as unfounded, is brought to the competent court for discussion before this court of the applicant's district of residence during the procedure of voluntary jurisdiction (article 3 of Law 3869/2010), since for its admissibility ...

Furthermore, the application under consideration is admittedly introduced for discussion after ..., and therefore, must be further examined as to its substantive validity.

From the examination of the applicant without oath in the hearing of this Court, which is contained in the minutes of the same number as these, from all the documents submitted by the parties, public and private, some of which are taken into account as direct evidence and others for the purpose of establishing judicial presumptions, and some of which are referred to more specifically below, as well as from the lessons of common experience and reason, which the Court takes into account ex officio, the following emerged:

The applicant, currently 62 years old, was a full-time nurse and since January 2011 has been a pensioner of the IKA, by virtue of decision no. 099/2011/418-27-1-2011 of the IKA-ETAM, by which she received a temporary old-age pension of 408.41 euros, subject to deductions for the sickness sector, i.e. a net amount of approximately 392 euros. In addition, every two months she also received a large-child allowance of 203.23 euros, i.e. her monthly income amounted to 493.61 euros. The applicant now receives a permanent pension, but the payment of the large-child allowance and the EKAS has ceased since the beginning of 2014, and, consequently, her monthly net income is now 498 euros, as deduced from the IKA pension information note for the months of October-December 2013. The applicant has been divorced for many years and has 4 adult children, while she lives with her youngest son, who is unemployed and suffering from a serious infectious disease, as deduced from the medical certificate with no. prot. 55/30-5-2011 of the Director of the 3rd Pathological Department of the Korgialeio - Benakeio E.E.S., and who for this reason receives an allowance from the Municipality of Athens of the amount of 697 euros per month, in order to cover part of his living and medical needs. Her main residence is a ground floor apartment, located at 44 Navarchou Votsi Street in Kato Patisia, Attica, with an area of 74 sq.m., of which she is a usufructuary, by virtue of the parental benefit contract No. 11564/1995 of the notary of Athens P. A., legally registered, the objective value of which (i.e. the usufruct) amounts to 15,584.40 euros, as deduced from the property value calculation sheet provided. Furthermore, as it appears from the submitted tax returns, the applicant in 2008 had a total annual income of 10,941.19 euros, in 2009 an income of 8,290.05 euros, in 2010 an income of 8,783.51 euros, in 2011 an income of 7,333.35 euros and in 2012 an income of 8,996.11 euros, however, this income, according to the aforementioned, has now decreased significantly after the abolition of EKAS and the large-child allowance. The applicant does not own any movable or other immovable property, nor any other income other than the aforementioned.

Furthermore, at a time prior to the year of filing the legal application, he had incurred the following debts...

  1. From 1or The defendant had been granted 1 consumer loan, from which the total claim of the bank, after the payments that the applicant has made within the framework of article 19 § 1 of law 4161/2013, amounts to the amount of (16,237.24 - 100.50) 16,136.74 euros, since the defendant does not clarify whether the interest on the larger amount she mentions has been calculated based on the notification of the application.
  2. By DANEION APC LTD, whose securitized claim manager is 2or defendant, she had been granted a consumer loan, from which the total claim of the bank, after the payments that the applicant has made within the framework of article 19 § 1 of law 4161/2013, amounts to the amount of (16,057.62 – 99.45) 15,958.17 euros, since the defendant does not clarify whether the interest on the larger amount she mentions has been calculated based on the notification of the application.

Based on the foregoing, and given that the applicant has, without malice, become permanently and continuously unable to pay her overdue financial debts to her above creditors, mainly due to the further reduction of her pension, in accordance with the foregoing, namely ...

Thus, the settlement of her debts will be done primarily by setting monthly payments directly to the above creditors from her income for five years, from which her creditors will be satisfied proportionately. Taking into account all the foregoing regarding the applicant's current income and weighing all the above with the living needs of herself and her dependents, taking into account the fact that she resides with her adult son, who is unemployed and suffering from a serious incurable infectious disease and that she cannot receive financial assistance from her other children, as she herself testified in her oral examination, but also taking into account the fact that she is not subject to rent expenses or expenses for her son's medical treatment, which is generally covered by the allowance that he receives from the Municipality of Athens, the Court finds that the above monthly payment to her creditors should be set at the amount of 40 euros, which is within the applicant's financial capabilities, an amount, moreover, that is also proposed by her.

Therefore, each of the above banks is allocated from the amount of 40 euros, to 1or "NATIONAL BANK OF GREECE S.A." amount of 20.11 euros and in the 2or "EUROBANK ERGASIAS SA", as manager of the securitized claim of DANEION APC LTD, amounting to 19.89 euros.

The above arrangement will be combined with the provision of article 9 § 2 of law 3869/2010, since the payments over 5 years of this arrangement do not result in full payment of the claims of the applicant's creditors and a request is made to exempt the usufruct of the residence from the sale, after which it is mandatory by the Court. Thus, monthly payments should be set for the rescue of the aforementioned usufruct of her main residence, for which, in the opinion of the Court, she should pay 70% of its objective value, i.e. the amount of 10,909.08 euros (15,584.40 X 70%). Taking into account that there is no real security for any of the claims on the said residence, the payments of the said installments to save the usufruct should be made symmetrically to all banks. The repayment of this amount will be made with interest, without compound interest, at the average interest rate of a floating-rate mortgage loan, which will be in force at the time of repayment, according to the statistical bulletin of the Bank of Greece, adjusted with the reference interest rate of the main refinancing operations of the European Central Bank. It will start five years after the publication of this decision, and its repayment period should be set at 15 years (180 monthly installments). Therefore, under this arrangement, the applicant will have to pay monthly for 15 years the amount of (10,909.08 euros : 180) 60.60 euros, according to the aforementioned terms. Thanks to our partners, you can find on the internet that suit every preference and budget, from budget to top super stylish models.

In light of the above, the application under consideration should be partially accepted as well-founded in its substance, regulating the applicant's debts with the aim of discharging her by complying with the terms of the regulation, with the exception of the sale of the usufruct of her main residence, in accordance with what is specifically defined in the operative part. Her discharge from any existing debt balance towards her creditors will occur in accordance with the law (article 11 § 1 of Law 3869/2010), after the regular execution of the obligations imposed on her by this decision. Finally, no legal costs are awarded pursuant to article 8 § 6 of Law 3869/2010.

 

FOR THESE REASONS

       It judges the conflict of the parties.

       He rejects what was deemed to be rejectable.

       The application is partially accepted.

     It settles the applicant's debts with monthly payments to her creditors over a period of five years for a total amount of 40 euros interest-free, which will be paid within the first three days of each month, starting from the first month after the publication of the decision - paid in this case, however, only for the first month after publication within the first fortnight - distributed among the creditors as follows: in the 1or "NATIONAL BANK OF GREECE S.A." amount of 20.11 euros and in the 2or "EUROBANK ERGASIAS SA", as manager of the securitized claim of DANEION APC LTD, amounting to 19.89 euros.

      Excludes from the sale the usufruct of a ground floor apartment, located on __ street, in Kato Patisia, Attica, with an area of 74 sq.m., which (usufruct) belongs to the applicant.

      It imposes on the applicant the obligation to pay, for the preservation of the usufruct of her aforementioned main residence, the amount of 60.60 euros monthly for 15 years, i.e. for 180 months, distributed proportionally to all her creditors.

The payment of this monthly installment will begin on the 1stor working day of the first month after the lapse of five years from the publication of this decision and from then on it will be paid within the first three days of each month and 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 the reference interest rate of the main refinancing operations of the European Central Bank.

     It was judged, decided and published in Athens on 26-2-2014, in an extraordinary and public session in the audience of this Court.

The Justice of the Peace The Secretary

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