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The Law Comes To The Estate

Original Language Title: Laki takaisinsaannista konkurssipesään

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Law on readmission to bankruptcy

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In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1
Scope

Where the property of the debtor has been declared bankrupt, a court order on the property of the debtor may be determined by the court order, as laid down in this Act. The legal action provided for in this Act shall also apply to the procedure, the arrangement or any other measure having equivalent effect to a legal action.

ARTICLE 2
Date of destination

This period shall mean the date on which the application for bankruptcy was made to the court. Where several cases of bankruptcy have been pending, the date on which the first application was lodged shall be the date on which the application was made.

However, if the estate of the estate has been declared bankrupt within three months of the date of application of the estate liquidator, the date of application shall be the date on which the application was made for the purpose of determining the executor. (21.7.2006/635)

If the debtor's assets are declared bankrupt on an application made under the law of the company (187/1993) , or within three months from the date on which the procedure has ceased as a result of the validation of the restructuring programme, the date referred to in Article 35 (2) of the law shall be deemed to have expired. If the debtor's assets are declared bankrupt on an application made under the law on the liability of a private person (187/1993) Or within three months of the date on which the application for debt relief has been rejected or has been lodged, the date specified in Article 60 (2) of that law shall be deemed to exist. (6 NOVEMBER 1998/99)

ARTICLE 3
Close

For the purposes of this law, the debtor shall be deemed to be close to each other and:

1) his spouse;

(2) the relative, siblings, brother and siblings of his or her spouse, whether or not of his or her spouse, and their spouse; and

3) otherwise particularly close to him.

In addition, the private trader, the company, the entity or the foundation are also considered to be close to each other and:

(1) the extent to which, on the basis of a partnership or an entity assimilated to it individually or jointly, there is a link between the trader, the Community or the Foundation;

(2) the existence of a dominant influence on the activities of the trader, the entity or the foundation; and

(3) the person referred to in paragraphs 1 or 2.

The proximity relationship based on paragraph 2 (3) shall not be relevant if it is likely that it has not been in contact with the legal action.

§ 4
Insolvency and excessive debt

For the purposes of this law, insolvency means that the debtor, other than temporarily, is unable to pay its debts due to their maturity. Overcharging means that the debts of the debtor are higher than that of his assets.

CHAPTER 2

Criteria for recovery

§ 5
General recovery basis

The legal act will be followed if it alone or in combination with other measures is unsuitable for a popular creditor at the expense of other creditors, transferred assets away from the creditors or increased debts to the detriment of the creditors. A condition for recovery is that the debtor was insolvent at the time of the legal action or that the legal act contributed to the insolvency of the debtor. If the originator is a gift, a gift-based contract or a purchase, it is necessary, however, that the debtor was over-indebted when the legal action was taken or that the legal action contributed to overcharging. It is also required that the other party knew or should have known about insolvency or overcharging, or the importance of a legal action for the financial conditions of the debtor and the circumstances for which the legal action was inappropriate.

Where the legal action referred to in paragraph 1 has been a party to the debtor, it shall be deemed to have been made aware of the circumstances referred to in the said paragraph, unless it is likely that he did not know and should not have known.

If a legal action has been taken earlier than five years before the date of the date, it shall only be required if the debtor has been a party to it.

ARTICLE 6
Absorption of a gift and a gift-creating contract

The gift shall be prepared if it has been filled in later than one year before the date of the date. A gift which has been fulfilled before, but later than three years before the date of the date, shall be recouped if it has been issued to the debtor close to the debtor and is not shown that the debtor was not overcharged and that the gift did not become over-indebted.

In addition, the gift referred to in Article 6 of the Order Licence Act shall be followed if the notification referred to in the said paragraph has not been made before the date of destination. The gift shall also be withdrawn when the notification has been made after the gift has been filled:

(1) where the notification was made later than one year before the date of the date; or

(2) if the notification was made earlier but later than three years before the date of the date and it is not shown that the debtor had not been overcharged when the gift was fulfilled and the gift did not become over-indebted.

Trade, exchange or other agreements shall be recalted as provided for in paragraph 1, provided that the lack of an agreement between the parties at the time of conclusion was obvious to the extent that the agreement is to be regarded as a gift.

Under this Article, it is not possible to require the recovery of grants and pre-existing gifts which have not been disproportionate to the financial position of the debtor.

§ 7
Absorption of untreated benefit

The provisions of Article 6 (1) shall apply to the payment of a fee, a fee or other equivalent benefit, in so far as the payment is manifestly disproportionate to the work performed and to the other circumstances. Reasonable.

§ 8
Present hypothesis

If the debtor has transferred property or has concluded a trade, exchange or other contract with him, or paid this salary, remuneration or other comparable benefit, it is claimed that the supply has been free of charge or That the contract must, on the basis of an imbalance between the performance of the contract, be considered to be at least part of a gift, or that the payment of a fee, premium or other equivalent benefit is disproportionate to what may be regarded as reasonable on the basis of Article 7, Extradition, contract or payment shall be deemed to be wholly or partly a gift, unless otherwise: Make it more likely.

§ 9 (8.11.2002/931)
Absorption Absorption

If the debtor has waived his right to purchase Article 104 of the marriage law For the purpose of the purchase shall be:

(1) if the purchase book had not been issued before the date of destination;

(2) if the purchase book was issued later than one year before the date of the purchase; or

(3) where the book of purchase was issued earlier but later than three years before the date of the date and it is not shown that the debtor was not overcharged when the debtor was delivered and did not become overcharged by the purchase.

§ 9a (14/01/2012)
Absorption of segregation or reparation

If the debtor has waived the law on the dismantling of cohabiting partners (26/2011) in Article 11 , the separation or reparation of property shall be:

(1) if the asset separation book or the credit agreement or other document had not been issued before the date of destination;

(2) if the document referred to in paragraph 1 was issued at a later date than the year before the date; or

(3) if the document referred to in paragraph 1 was issued earlier, but later than three years before the date of the date and it is not shown that the debtor was not present at the time of the submission of a legal action concerning the separation of assets or credit; Over-indebtedness, and due to the separation of assets or the legal action on credit, become overcharged.

ARTICLE 10
Absorption of debt

Payment of the debt at a later date than three months before the date of the date of recovery if the debt has been paid in the form of irregular means of payment or prematurely or by an amount deemed to be significant in relation to the assets of the estate. However, the fee shall not recaneffect if it can be considered as normal taking into account the circumstances. If the payment has been made to the debtor close to the previous one, but later than two years before the date on which the payment was made, the fee shall be adjusted accordingly, unless it is shown that the debtor has not been insolvent or rendered insolvent by payment.

ARTICLE 11
Absorption of the levy or check fee

In accordance with Article 10, the payment of the payment of a levy or of a check shall be made only to the extent that the recipient of the payment could have refused to receive the payment without losing his bill or his right of checks against another person from whom he could have received the payment.

In the absence of a charge pursuant to paragraph 1, therefore, the liability for compensation to a third party shall be valid, as provided for in Article 21 (1).

ARTICLE 12
Absorption of a non-payment

The amount received by the creditor shall be reimbursed if the forecluse has been delivered at a later date than three months before the deadline. The fee shall also be waived if an outlet has been submitted earlier than two years before the date on which the debtor has been sent, unless it is shown that the debtor has not been insolvent and has not become Insolvent.

The provisions laid down in paragraph 1 shall apply only to the extent to which a child or spouse is subject to an attachment to a child or a spouse, only to the extent that the child or spouse is inappropriately popular.

ARTICLE 13
Absorption Absorption

The law provides for the rectification of a fee, by analogy, if the creditor had not been entitled to sign for bankruptcy.

ARTICLE 14
Absorption of collateral

A pledge or other security lodged by a debtor later than three months before the date of the date on which a security was provided was not agreed when the liability was incurred or where the management of the pledge had not been surrendered or other collateral Without undue delay after the creation of the debt. If the security has been lodged with a debtor close to this earlier but later than two years before the date on which the security is lodged, the security shall be waived unless it is shown that the debtor has not been insolvent and the collateral arrangement has not become insolvent.

CHAPTER 3

Effects of readmission

§ 15
Restoration or replacement of property

In the case of a rectification of the legal act, the debtor's property shall be returned to the estate of bankruptcy.

The bankruptcy shall return the remuneration paid to the debtor as referred to in paragraph 1. If the consideration has been brought before the creditors and the consideration has been paid, or he should have known that this was the intention of the debtor, there is no obligation to refund.

Where the property referred to under paragraphs 1 or 2 is not retained or otherwise recoverable, its value shall be replaced. If the restitution of a particular asset would cause the person liable to do so, the court may authorise him to pay a restitution of property instead of restitution.

ARTICLE 16
Value decrease

If the value of the assets to be returned is significantly reduced due to wear or damage, the duty of return shall be liable to compensate for the depreciation of the assets.

Since the value of the property has been reduced for a reason other than that mentioned in paragraph 1, the defendant shall be obliged to carry out a reasonable fee for the reduction of the value of the assets as a result of the claim for rectification of the legal action From the time after. If the obligation to recall is based on Article 5, the defendant may already be required to pay compensation for the acquisition of property.

§ 17
Income, benefit and interest

The return obligation shall, after the date of submission of the claim for the recovery of the legal action, surrender or replace the value of the assets, in accordance with the provisions of Article 15 (3). The return obligation shall also provide reasonable compensation for the benefit of the assets after that date, unless it can be considered to include a reduction in the value of the assets. If the recovery is based on Article 5, the obligation to pay compensation may already be imposed as a result of the acquisition of property.

If the property is repaid, or if the value of the assets is to be reimbursed, the defendant shall pay interest in the interest rate law. (633/82) , including the submission of a request for the establishment of a legal act. If recovery is based on Article 5, the defendant may also be required to: Article 3 of the Corinth Act At the time of his acquisition of property, in accordance with paragraph 2.

ARTICLE 18
Cost of the property

The debtor shall be entitled to compensation for the need to be refunded and, depending on the other costs, to be considered as reasonable.

§ 19
Third security lodged

When a third person has lodged a security debt from the debtor and that security has been returned to him, the creditor shall be obliged, in the event of an execution, to return only the value exceeding the value of the security if he cannot: To recover the guarantee and, in return, did not know and should not have known about the insolvency of the debtor. The above provisions shall apply, respectively, when someone has entered the guarantee obligation and the debtor has fulfilled its obligations.

Article 21 (2) provides for the reimbursement of a third person who has been reinstated as well as guarantor of the guarantor.

CHAPTER 4

Third position

§ 20
Role of the transferor

If the property which, in accordance with the provisions of this Act may be required to be returned to the estate of bankruptcy, has been surrendered, the return of the property or the replacement of the value of the property may be claimed by the transferor, if he or she knew or Had to be aware of the facts justifying the legality of the action. It is also in force that Articles 15 to 18 provide for the effects of recovery. However, in the case referred to in Article 16 (1), the donor is not obliged to compensate for the depreciation of assets for the period prior to its recovery.

ARTICLE 21
Liability of the liability of the debtor and the debtor and the reimbursement of the security

If the payment of a bill or a check falls under Article 11, it is the person who would have suffered a final loss in the event that payment had not been made, the obligation to pay compensation to the estate. The requirement for compensation is that the payment, if it had been paid to him as a creditor, could be condemned.

In the case referred to in Article 19, a third person or guarantor has been obliged to return the security to the creditor or, if required, directly to the nest. The prerequisite for this is that the payment, if it had been paid to him as a creditor, could be condemned.

CHAPTER 5

Conciliation and readmission

§ 22
Conciliation

In the case of non-bankruptcy proceedings, the obligation arising under this law may be adjusted accordingly.

ARTICLE 23 (20.2.2004)
Demand for readmission

Reasons may be required by the estate manager and the creditor who has been subject to bankruptcy or has otherwise been taken into account in the distribution list. The same applies to other requirements under this Act for bankruptcy.

Requisition is required by an action before a court or a reminder against supervision. The action can be raised In Chapter 10 of the Court of Justice , in the case of the District Court, which has dealt with the matter of bankruptcy and, in the context of the restructuring proceedings, in the District Court, which has considered the initiation of the restructuring proceedings. The administrator may also require recovery by making a claim against the other claim against the bankruptcy of the estate. (2.3.2007/248)

If the debtor is declared bankrupt in the course of the company's restructuring proceedings or the restructuring programme, the administrator may, instead of liquidating the liquidator, continue the pending recovery action on behalf of the estate. If an action has been initiated by a creditor, the creditor may continue the claim on behalf of the estate. In the same way, the creditor may continue with the appeal brought by a private person in the context of the debt regime. As a precondition for the continuation of the action, the decision to extend the application is made to the court of appeal within three months of the bankruptcy law (120/2004) Chapter 12, Section 5 From the date of inspection.

§ 24
Initiation of action

Appeals shall be instituted within one year of the start of the bankruptcy. However, the action may be initiated within a further period of three months from the date of the bankruptcy finding or should have been observed. (31.1.2013/87)

If the creditor has brought an action, the court shall provide the administrator with the opportunity to be heard. The notification of the proceedings may be sent to the administrator by post. (20.2.2004)

ARTICLE 25 (20.2.2004)
Ex post control

If your claim is raised at such a late hour that the defendant, who wishes to supervise the claim in the event of bankruptcy, cannot do so on the day of supervision, he is entitled to supervise his claim after the date of the probation period, as in Article 16 of Chapter 12 of the bankruptcy law. Provides. A similar right is given to a person who, in the light of the claim referred to in Article 23 (2), creates the need to supervise the claim in the event of bankruptcy after the date of control.

CHAPTER 6

Entry into force

§ 26
Entry into force and transition

This Act shall enter into force on 1 January 1992.

This law shall apply if the application for bankruptcy has been made since the law entered into force. Where a legal action has been taken before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply instead of Articles 1 to 22. However, before the entry into force of this Act, a legal act shall not recaneffect if it is not bound by this law. In the case of a legal action before the entry into force of this Act, there shall also be no reimbursement, compensation or other equivalent obligation in so far as it is not covered by this law.

HE 102/90, second Ivhms. 13/90, svk.M. 195/90

Entry into force and application of amending acts:

25.1.1993/52:

This Act shall enter into force on 8 February 1993.

THEY 182/92 , LaVM 15/92

6.11.1998/797:

This Act shall enter into force on 1 January 1999.

THEY 68/1998 , LaVM 8/1998, EV 105/1998

8.11.2002/931:

This Act shall enter into force on 1 March 2003.

Upon the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 79/2002 , LaVM 17/2002, EV 126/2002

20.2.2004:

This Act shall enter into force on 1 September 2004.

THEY 26/2003 , LaVM 6/2003, EV 113/2003

21.7.2006/635:

This Act shall enter into force on 1 September 2006.

Where a limited liability company has been liquidised before the entry into force of this Act, the provisions in force at the time of entry into force of the Act shall apply.

THEY 109/2005 , TaVM (EV).

2.3.2007/248:

This Act shall enter into force on 1 June 2007.

The law shall apply if the restructuring procedure is initiated after the entry into force of the law.

THEY 152/2006 , LaVM 22/2006, EV 246/2006

14.1.2011/30:

This Act shall enter into force on 1 April 2011.

This law shall not apply where the separation or reparation of property relates to an open marriage within the meaning of the Act on the discharge of unmarried partners, which expired before the entry into force of this Act.

Before the law enters into force, measures may be taken to implement the law.

THEY 37/2010 , LaVM 23/2010, EV 201/2010

31.1.2013/87:

This Act shall enter into force on 1 March 2013.

Until the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 86/2012 , LaVM 12/2012, EV 115/2012