Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
Insolvency private person ( Debtors ) In order to remedy the financial situation, the Court of Justice may order the arrangements for his creditors ( Debt arrangement ) And shall provide him with a payment scheme equivalent to that provided for in this Act.
The liability regime for guarantee and guarantee without debt is laid down in Chapter 10.
The provisions of this Act shall apply without prejudice to any other law provided for by the law for the payment of the creditor's rights, the recovery of debt, or measures to safeguard the payment of the debt.
The debt arrangement, as well as the arrangement of guarantee and guarantee liability, may be granted to a person domiciled in Finland.
The application of this law to the debtor, which carries out business activities, is laid down in Chapter 7.
For the purposes of this law:
(1) The start of the debt facility The date on which the decision to initiate the debt facility has been taken by the Court;
(2) Insolvent, The fact that the debtor, other than temporarily, is unable to pay its debts due to their maturity;
(3) Debt under the debt facility Any debtor of the debtor who was born before the start of the debt facility, including the liabilities and liabilities of which the criterion or amount is conditional or disputed, or for any other reason, and the liabilities referred to above; The interest accruing between the beginning of the debt facility and the fixing of the payment programme and the charges for the collection and enforcement of such liabilities by the debtor;
(4) By the right of an article The retention of title and other property-based security, the lien on movable or immovable property, the right of re-admission and the right of the right to be arrested;
(5) The margin line Debt under a debt facility for which the creditor has an effective right to rem in relation to third parties in respect of the debtor or in the possession of the debtor, in so far as the value of the collateral at the beginning of the debt facility It would have been sufficient to cover the amount of the creditor's claim after the removal of the cost of removal and the reduction of the entitlements to be paid;
(6) Collateral creditor The creditor of the collateral debt;
(7) With a normal debt Non-secured debt;
(8) In the debtor's residence The apartment used by the debtor or his family as a permanent residence for which the shares or other equity of the debtor are held alone or in combination with another person, or the management of which is based on a residence contract, or A property owned or rented by a debtor or his family permanently resident, alone or in conjunction with another person;
(9) On a privileged child maintenance debt The debtor's child in the course of the last year prior to the start of the debt facility, with the exception of the recovery of the amount owed to the child on the basis of the recovery of the maintenance subsidy, and, to put it: The debtor is required to carry out a compensation law for the child (412/74) Section 4 of Chapter 5 Based on.
If, at the start of the debt facility, the debtor's dwelling is secured by the liability of a third party, the resulting liability shall apply mutatis mutandis to the liability of the borrower.
Fines and other provisions of the law implementing the fine (672/2002) Shall be subject to the liability regime where such liability is provided for in the act to which the debtor is guilty before the start of the debt facility. A common penalty payment falls within the scope of the debt facility if any acts have been committed before the start of the debt facility. (8.12.2006/1088)
When assessing the debtor's solvency, account shall be taken of:
(1) assets arising from the conversion of the debtor's assets;
(2) the income of the debtor and his earning capacity, taking into account his/her age, work capacity and other circumstances;
(3) the necessary cost of living of the debtor;
(4) the debtor's maintenance obligation; and
(5) other factors affecting the financial position of the debtor.
The Decree of the Ministry of Justice provides for a more precise definition of the borrower's ability to pay. The amounts of the regulation on the necessary cost of living of the debtor shall be revised in accordance with the Act on National Pensions (2003) Provides. The revised amounts will be rounded up to the nearest euro and will be published annually during the month of November by a decree of the Ministry of Justice. (8.12.2006/1088)
In the debt arrangement, the debtor must make use of all the income he does not need for the necessary cost of living and maintenance obligations ( Payment margin ).
The assets of the basic security of the debtor may be liquidated only in the cases referred to in Articles 15, 29 and 33. The property belonging to the basic security shall be included in the debtor's holding, his/her family's reasonable accommodation and the personal effects of his or her reasonably need, as well as the tools and articles deemed to be equivalent to the debtor. Needs to secure his livelihood. If the debtor has other assets, it must always be used as a debt performance.
The debtor shall dispose of any property other than that of his basic protection, which has been surrendered to him under a payment or rental agreement.
The debtor shall be obliged to provide the court and the creditors, as well as the liquidator, if provided, with all necessary information on matters relevant to the debt facility.
Before fixing the payment scheme, the debtor may only use its funds for the necessary cost of living and the expenditure he is entitled to carry out pursuant to Article 12 (2). In addition, the debtor may not enter into a new debt unless it is necessary to secure his or her livelihood, or otherwise provided for in Article 25 (2). Prior to the start of the debt facility, the debtor may also, notwithstanding this Article, use its funds for the expenditure which he or she is required to carry out.
The debtor shall be obliged to contribute to the proper implementation of the debt facility and to enable the liquidator to carry out its tasks properly. Having applied to the debt regime, the debtor must seek to maintain his or her solvency and take measures to improve the ability to pay, which is reasonably achievable. (24.1.1996)
At the request of the creditor, at the request of the creditor, the debtor shall provide an explanation of the circumstances justifying the additional performance referred to in Article 35a. Upon expiry of the duration of the payment scheme, a report shall be submitted at the request of three months after the end of the programme. The debtor shall present his report without undue delay. (30.12.2002/1273)
The debt arrangement shall be initiated upon application by the debtor.
Unmarried partners, co-debtors, debtors and guarantors, may apply for the debt arrangement together.
The application for a debt facility is laid down in Chapter 8.
A debt facility may be granted to a debtor who is insolvent if:
(1) the main cause of insolvency is due to a substantial deterioration in the debtor's ability to pay due to illness, disability, unemployment or other circumstances, mainly without the debtor's own fault; or
(2) Whereas, in the light of the amount of debt and related obligations in relation to the borrower's ability to pay, the debt regime is otherwise weighty;
And the debtor is not reasonably able to improve its liquidity in order to be able to cope with the costs of its debts.
If, for reasons of temporary nature, the debtor is unable to pay, or the debtor is unable, by way of payment, to pay any more than the amount of his normal debt, the liability regime cannot be granted. When assessing the extent of the temporary nature and the amount of the contribution, account must be taken, in particular, of the ability of the debtor to earn it. The reason cannot be considered temporary if the absence or lack of payment is due to unemployment, which has lasted continuously or with minor interruptions for more than 18 months.
The provisions of paragraph 1 shall not apply to a debtor who is engaged in an economic activity or engaged in a business activity. The additional conditions for the debt regime for business-related debtors are laid down in Chapter 7.
Subject to Article 10a, the liability arrangement shall not be granted if: (30.12.2002/1273)
(1) the debtor has been subject to a payment obligation on the basis of a criminal offence, and the amount of the debt cannot be considered justified by the amount of the debt, the nature of the offence, the status of the injured party and other factors; (24.1.1996)
(2) the debtor is a suspect in a preliminary investigation or a criminal offence, or a criminal offence has been committed, and may be subject to a payment obligation on the basis of a criminal offence, and the amount of the debt cannot be considered justified by the amount of the debt, The quality, the status of the injured party and other considerations; (19/04/2013)
(3) Whereas a significant amount of debt has been incurred in the course of an economic activity which has been grossly unfair to the creditors, or has materially failed to comply with the statutory obligations arising from non-insolvency, or Principally speculative nature; (19/04/2013)
(4) the debtor, due to its existing or expected economic difficulties, has inappropriately weakened its financial position or favoured a creditor or otherwise held its financial position to injur the creditors, or There are likely grounds for suspecting that the debtor has been involved in this manner; (24.1.1996)
(5) the debtor has evaded, withheld or supplied false or misleading information in the discharge procedure;
(6) the debtor has deliberately provided the creditor with false or misleading information which has materially affected the granting of the credit, and the debtor's procedure, taking into account the amount of credit and other circumstances, must: To be particularly criticised;
7. On the basis of the debt criterion and the circumstances, the debtor's way of dealing with the economy or other factors, it may be concluded that it is likely that the debtor is fully indebted to the debt facility or to the indebtedness of the debtor The overall assessment of the activities which led to it may be regarded as negligent and irresponsible, taking into account the debtor's age, status and other circumstances, and whether lenders have acted responsibly; (19/04/2013)
(8) the debtor has, for the purposes of the debt regime, given false or misleading information in its financial position, failed to fulfil its obligation to give information as provided for in Article 6 or by its obligations under Article 7, in breach of Article 12; The obligation to impose a ban on payment and waxing or otherwise obstructed the debt regime; (19/04/2013)
(9) there are reasonable grounds for believing that the debtor should not comply with the payment scheme; (19/04/2013)
(10) a payment programme has previously been established for the debtor; or (19/04/2013)
(11) Whereas, as a whole, it would be disproportionate to provide compensation for material damage between individuals, the return of the trade price or any other equivalent debt. (19/04/2013)
Notwithstanding the obstacle provided for in Article 10, the debt facility may be granted if there are significant reasons for it, in particular taking into account the debtor's activities in order to repay debts, the period of indebtedness and other circumstances of the debtor and the debt regime. Relevance for the debtor and the creditors.
Prior to the application of the debt facility, the debtor shall examine the possibility of reaching an amicable settlement with the creditors of the arrangement of its debts, unless it is manifestly unnecessary in terms of the debtor's low payment capacity, the large number of creditors, For unknown creditors or other reasons.
In accordance with the good lending and recovery method, the creditor should contribute to reconciliation.
When applying for a debt regime, the debtor must present a statement of the reasons for the liability, as well as of the revenue and the assets in which the debts were to be repaid, as well as the circumstances which caused his insolvency.
For the purpose of applying for a debt facility and the settlement of the debt situation, the creditor shall inform the debtor in writing of his request:
(1) the amount of the claim, the maturity date and the amount of the principal, interest and debt collection and enforcement costs, calculated on the basis of the date on which the debtor was requested ( Saldday );
(2) if the creditor has several claims, the identification of them;
(3) the date and criterion of the final maturity of the debt;
(4) the amount of collateral debt and the collateral provided;
(5) in addition to the debtor, any other liability;
6. Payment contact details;
(7) telephone number;
8. E-mail address or other electronic data transfer address to which notifications and notifications referred to in this Act are communicated ( Process address ) Or postal address where the creditor declares that he wishes to use the postal address as an address for service; and
(9) other information requested by the debtor, necessary for the preparation of an application for a debt restructuring or a proposal for a payment programme.
The debtor under the debt facility shall not be allowed to pay the debt under the debt facility and shall not provide collateral.
The prohibition on payment provided for in paragraph 1 shall not apply to the privileged creditor debt. The debtor may also, notwithstanding the prohibition, make a payment to the collateral creditor in accordance with the terms of the debt, the interest payable after the start of the debt facility and the other credit costs. The assets of the debtor's assets may be transferred from the assets and liabilities of which the assets are collateralised. The court or liquidator may order that the debtor may not, notwithstanding a payment order, pay a limited amount, a certain number of debts below a certain mark, if it is appropriate for the procedure. (31.1.1995/113)
Contrary to the prohibition laid down in paragraph 1, the fee must be reimbursed. Repayment of the payment, repayment of the payment, if the creditor has repaid the third security lodged by the creditor or, where the debt was guaranteed, the suspension of the prohibition and the lodging of the other security; and The application for mortgage application lodged under the debt regime is in force in accordance with the (47/93) Article 17 Paragraphs 2 and 3 shall be provided.
Notwithstanding the prohibition laid down in Article 12, the guarantee creditor shall have the right to payment of interest due under the conditions of the debt, the interest payable after the start of the debt regime and other credit costs. The debt cannot be put into effect by early payment of credit costs.
Notwithstanding the prohibition laid down in Article 12, the debtor shall:
(1) have to pay the salaries and allowances of the employees for the three months preceding the start of the debt facility;
(2) have to be paid, before the start of the debt facility, of employees' holiday pay and compensation;
(3) The account balance of the credit balance of payments in the bank and the flow of payments to the debtor to such an account may be continued and the payments accrued to the account as an abbreviation of the credit claim related to the bank account.
The creditor shall be entitled to compensation for any reduction in the value of the collateral damage, to the detriment of the creditor, resulting from the use of the assets in the debtor's economic activity as referred to in Article 13 or the temporary During the period of validity of the ban. The compensation paid is to be counted as an abbreviation of the guarantee liability.
The debtor shall consider the liability of the debtor in the debtor's business to be subject to the liability of the debtor for the purposes of the debt facility, duly insured against the damage.
The debtor under the debt facility shall not be subject to measures to recover or safeguard the debt-to-payment liability. The measures already started shall not be continued. In the case of such debt, the debtor should not be subject to penalties for late payment. This prohibition shall include, inter alia, the following measures:
(1) use of cash transfer or re-admission rights or other use of collateral in order to obtain payment;
(2) the denunciation of the debt and the termination or termination of the contract on which the liability is based, with the exception of the termination or dissolution of the credit agreement in order to refuse a new debt;
(3) use of the creditor's claim against the creditor, with the exception of the creditor's claim, (2006) Referred to in Article 1;
(4) the adoption of an administrative decision detrimental to the debtor, based on the default of the debt facility.
The anti-ban action is ineffective. However, where the property of the insured person has been transferred contrary to the prohibition, the transferee may obtain the protection of good faith in accordance with the provisions laid down separately. The prohibition shall not prevent the creditor from initiating proceedings or other proceedings in order to preserve the right or to obtain an enforcement order. In addition, the prohibition shall not prevent the creditor from seeking a decision of the authority relating to the debtor's assets and the implementation of the decision, subject to paragraph 4.
The security measure imposed on the assets of the debtor before the start of the debt facility shall remain in force, unless otherwise specified by the court or by paragraph 4. Prior to the withdrawal or limitation of a precautionary measure, the creditor shall be given an opportunity to be heard.
On the basis of the current liability, the assets of the borrower under the debt facility shall not be subject to a security measure based on the Authority's decision. Prior to the start of the debt arrangement, the security measure imposed before the start of the debt facility expires.
The start of the debt facility shall not prevent the creditor from charging the debt from the guarantor, or the value of the security lodged by a third party, or of the cancellation or otherwise of any debt for the guarantor or the provider of the collateral referred to above. The requirement for the guarantor to be carried out by the guarantor does not require any action against the debtor.
The Court may, at the request of the collateral creditor, grant the creditor the rights referred to in Article 13 (1) (1) if:
(1) the underlying assets are not covered by the debtor's basic security and the debtor does not need it for his business activities, unless it is apparent that the debtor is unable to pay the creditor the amount of the guarantee debt determined by Article 29; or
(2) the criterion of failure to fulfil obligations under Article 12a (1) or Article 12b (1), or the obligation to insure as provided for in Article 12b (2), which is not insignificant.
The decision shall be complied with in spite of the appeal, unless the Court decides otherwise. In spite of the above requirement for the guarantee creditor, the transfer of ownership of an apartment may be postponed under the conditions laid down in Article 35.
The start of the debt facility interrupts the accumulation of interest on the debt to the debt regime. The same applies to other types of penalties for late payment, depending on the duration of the delay.
The subordinated debt of the debt facility shall not be foreclosed on the debt-covered debt, except in the case of a privileged creditor debt. Anti-ban forecluse is ineffective. Exit application shall be suspended. If the forecluse has already been delivered, the execution shall be suspended and the property taken over by the bailiff shall be kept by the bailiff. Where the sale of the foreclosed property has been issued before the start of the debt facility, the assets may be sold in accordance with the order laid down in the forecluse law, subject to paragraph 3. Until such time as the payment programme is fixed or otherwise provided, the bailiff shall keep the financial assets accumulated or accumulating.
Notwithstanding the provisions of paragraph 1, a prohibition on the payment of a debtor's salary, pension, business income or any other recurrence shall be maintained in accordance with the provisions of the law of the Court of Justice, unless the Court decides otherwise. Until such time as the payment programme is fixed or otherwise provided, the non-custodian shall, with the exception of maintenance payments to the child, retain the financial resources.
Where the sale of the assets of the debtor has been issued before the start of the debt facility, the court may order the suspension of the execution and the cancellation of the sale if:
(1) the property belongs to the basic security of the debtor or the debtor needs it in his business; and
2) it is obvious that the liability regime must not be used as a debt settlement.
(19/04/2013)Where, prior to the start of a debt settlement, an enforcement authority has lodged a security for the suspension of the foreclor or other enforcement, the enforcement officer shall keep the security until the payment programme is fixed or otherwise Shall be imposed or, where the collateral is by a collateral set, to return the security to this.
The beginning of a debt facility shall not be implemented in the form of a decision to evict the debtor from an apartment which the debtor uses in his or her place of residence or which is principally used in the business of the debtor if the reasons for the eviction are based on: Non-payment of rent or other consideration due before the start of the debt facility. The same applies to the Housing Company Act (1599/2009) The decision to take the debtor's residence under control of the company. However, the court may, at the creditor's request, allow enforcement if it is unreasonable, taking into account the measures taken by the creditor in respect of the apartment, or where it is apparent that the debtor is unable to pay Rents or other consideration due after the start of the debt facility. (19/04/2013)
Under the law on the sale of the debt facility (91/1966) Shall be provided with official assistance only where the goods do not fall within the basic security of the debtor and the debtor does not need it in his business or where the creditor has been granted the right to use the goods provided for in Article 15 of this law 13 § its rights as referred to in Paragraph 1 (1). Similarly, pending remission and settlement shall be suspended until the payment programme is fixed or otherwise specified. (19/04/2013)
The start of the debt facility shall not be subject to a fine for the implementation of the conversion of the fine.
The debtor may terminate the lease or any other contract in which the debtor is the tenant or whose debtor has, in the consumer, terminated two months after the termination of the contract or termination of the contract. Without prejudice to the conditions. In addition to the rent or any other consideration, the debtor is not obliged to pay any other compensation due to the early termination of the contract.
By way of derogation from paragraph 1, the lessor shall be entitled to compensation for the purpose of the early termination of the contract. The compensation shall consist of the necessary costs incurred in the restitution of the property and a reasonable remuneration for any other damage caused by the lessor. The compensation is owed by the debt facility.
As regards the lease agreement, the provisions of Article 27 of the Law on the restructuring of the company are respected.
Without prejudice to Article 12, the person concerned by the contract before the beginning of the debt arrangement has committed itself to a debtor who pursues an economic activity but whose performance is vacant at the start of the debt facility shall not be entitled to receive a payment If the performance can be considered as normal for the operation of the debtor.
If, when an application for debt is made, an application for the liquidation of the debtor is also pending, the application for bankruptcy shall not be settled before the decision to initiate the debt facility has been initiated. Similarly, if an application for a debt facility has been initiated, but before the matter is resolved, an application will be made for the liquidation of the debtor. If the debt arrangement is initiated, the bankruptcy application shall lapse after the payment scheme has been confirmed. If an application for a debt facility is rejected or the case is closed other than to strengthen the payment programme, the application for bankruptcy shall be continued. The effect of the appeal for bankruptcy is laid down in paragraph 2 of this Article and Article 63 (2).
Where a debtor has applied for or declares an appeal against a decision by which an application for an arrangement has been rejected, the court or tribunal dealing with an application for the liquidation of debtors referred to in paragraph 1 May, at the request of the debtor, suspend the decision to declare bankruptcy until the appeal has been settled before the appeal court or the remainder of the proceedings ceases. The condition is that there is a particularly serious reason for the postponement, taking into account, in particular, the grounds on which the debtor has appealed, or to whom he declares his appeal. The decision on the postponement shall not be subject to appeal. If the debtor is declared bankrupt, the court may, at the request of the debtor, order that the estate of bankruptcy must not be allowed to sell more than is necessary in order to avoid losses or from the management and management of the estate In order to pay the costs before the decision on the liability regime is legal or otherwise specified.
The debtor's application for the debt regime in the bankruptcy proceedings cannot be admissible before the bankruptcy list has been established.
Under the creditor's application, the creditor's application may be declared bankrupt only if the bankruptcy application is based on the default of the debt incurred after the start of the debt facility. In such cases, the obligation to declare bankruptcy may be postponed by a maximum of one month if it is a particularly serious cause for the continuation of the debt facility. The decision on the postponement shall not be subject to appeal. If the debtor is declared bankrupt, the debt arrangement will lapse.
If the debtor is declared bankrupt on an application made before the end of the payment scheme, the claims arising from the period between the start of the debt facility and the fixing of the payment programme and the interest accruing to them shall be remunerated Bankruptcy of creditors in the event of bankruptcy (1578/1992) Of the European Parliament and of the Council. In the event of an end to the case other than the fixing of a payment programme, the above priority shall be the availability of the debt facility and the interest accruing from the end of the proceedings between the end of the proceedings and the interest in the payment of funds, If the application for bankruptcy has been pending between the decision initiating the debt arrangement and the end of the proceedings, or within three months of the end of the case. However, the outstanding amount of the remuneration of the liquidator and the remuneration of the liquidator and the interest accruing to them shall be paid first.
Upon application by the debtor, the court or tribunal may, at the request of the debtor, order the prohibition laid down in Articles 12, 13, 17 or 18 to be temporary in force even before the start of the debt facility, provided that it is considered necessary. The order may be issued without consulting the creditors if the urgency of the matter is considered to require it.
A decision imposing a temporary prohibition as referred to in paragraph 1 shall not be subject to an appeal. If the court has rejected the request for a temporary ban, the decision may be contested separately only if the prohibition on the transfer of assets belonging to the basic security of the debtor or of the assets of the borrower is requested. To prevent. The application for a debtor's appeal must be submitted to the Court of Justice without delay and the appeal must be brought before the Court of Justice for an urgent appeal. The court or tribunal is, when warranted, an opportunity for creditors to respond to the complaint. (19/04/2013)
The court shall immediately inform the enforcement authority of the debtor's place of residence and the place where the debtor's property is located. (4.8.2000)
The legal effects of the start of the debt facility shall remain in force until the payment programme is fixed. If an application for a debt arrangement is rejected, the legal effects of the start of the debt arrangement shall cease when a decision of the court has been adopted, unless the Court of Justice, for special reasons, determines that the legal effects are in force until the decision is taken Legal force or otherwise specified.
Following the rejection of the legal effects of the debt facility, the application of Articles 17 or 18 prevented or suspended pursuant to Article 17 or Article 18 may be continued on the basis of an earlier application or assistance application.
The debt arrangement shall be accompanied by a payment programme corresponding to his/her liquidity. On the debtor's obligation to pay more debts ( Additional performance requirements ) Provided for in Article 35a. (30.12.2002/1273)
The payment programme shall be fixed for each debtor separately, subject to Article 24 (1).
The proposal for a payment programme shall be drawn up by a debtor or liquidator.
A joint payment scheme may be established for the public debtors who are in a debt relationship with the collateral liability and who have applied for the debt facility together.
When, in the case of a debt relationship other than the guarantee liability, the co-debtors have applied for the debt facility together, each payment programme shall take into account the part of the debt which he/she becomes owed when the debt is allocated to the debtor. In proportion to the economic situation. The financial position of the debtor means the ratio between the debtor's assets and the sum of the five-year payment scheme to the debtor's liabilities. The foregoing shall apply mutatis mutandis when the debtor and the guarantor have jointly applied for the debt regime. (24.1.1996)
In the cases referred to in paragraph 2, the liability based on the right of recourse to the debtor and guarantor shall be in the debt arrangement in the same last position as the liabilities referred to in Article 31 (3). (24.1.1996)
The debt arrangement may, in the case of liabilities subject to the following limits, be:
(1) amend the repayment schedule of the debt;
(2) order that the debtor's contributions must first be counted as a repayment of the principal of the debt and only thereafter to the credit costs;
(3) reduce the obligation to pay the credit costs incurred in the outstanding credit period;
(4) lowers the amount of outstanding debt;
5) abolish the obligation to pay the debt in full.
The debt facility may include the payment of a debt in whole or in part as a lump sum with a new debt for this purpose.
The creditor shall apply the mitigating circumstances of the creditor to remedy the financial situation of the debtor. The amount of debt may be reduced or the liability of the liability to be abolished altogether only if the debt facility cannot otherwise be executed.
Only the arrangements referred to in Article 25 (1) (1) to (3) and (2) may be applied to the guarantee debt. The interest rate on the default debt may also be reduced or eliminated. When Article 25 (1) (2) applies to the guarantee debt, the deferred credit costs shall be charged with the interest rate on their current value. In addition, in order to reduce the credit costs under Article 25 (1) (3), account must be taken of the length of the remaining credit period so that the reduction in credit costs is proportionally less the longer mentioned.
The value of the current value shall be determined according to the relevant index, in such a way that the interest rate on each quarter corresponds to the change in the index of the last quarter to the annual interest rate converted into an annual interest rate.
The debt arrangement does not affect the stability or the content of the creditor's right to rem. However, in the debt arrangement, the collateral arrangements may be adjusted by replacing collateral with a second liability security.
If, under the terms of the State loans or other loans, the amount of the debt is recapitalised, the relevant conditions may be replaced by the debt arrangement and treated at the start of the debt facility at the same time as: Like debt which does not include the recapitalisation of the interest rate.
Where a debt is subject to a debt which is to be paid by the municipality pursuant to Article 9 (2) of the Housing Production Act, the municipality shall carry out the loan it receives to the State in terms of its size and, according to the payment scheme, the borrower shall: Debt to the municipality.
If the debt arrangement is to lapse, the creditor shall be entitled to demand payment of the debtor without taking into account the condition relating to the capitalisation of the interest.
Dwelling L 247/1966 Has been repealed by L 1189/1993 , see AravaL 1189/1993 Chapter 6 .
Where the amount of the debt is unclear or unclear, the court shall determine the amount of the debt to be taken into account in the payment programme. Similarly, the same applies to any other ambiguity regarding the right of the creditor.
The decision shall not be subject to an appeal.
If the debt facility is subject to a debt-to-market debt which is subject to a regulation, the liability may be excluded from the payment scheme. The above shall not prevent the creditor of such debt from applying for a change in the payment scheme.
If the debtor has a debt on which the assets of his basic security are secured, the debtor's payment shall first be shown by the debtor for the purpose of such debt ( Guarantee debt ). This margin of guarantee shall be set so large that at least the present value of the collateral debt will be paid within a reasonable period of time. Without a particular reason, this period shall not be substantially longer than the remaining initial credit period. (24.1.1996)
If the debtor fails to pay the guarantee of the guarantee in accordance with paragraph 1, the assets shall be liquidated.
The amount of the debtor's payment after deduction of a potential margin of collateral and the assets of the debtor's assets shall be used for the payment of ordinary liabilities as provided for in Article 34.
In the case of ordinary debts, the content of the debt facility and the payment programme shall be specified in such a way that the duration of the payment programme is three years, subject to Article 31a.
If the debtor has a holding, the debtor shall pay the normal creditors at least the amount referred to in Article 32. If the debtor maintains his/her residence, the duration of the payment schedule may be longer than three years. However, the duration of the payment scheme shall not exceed 10 years for ordinary debts.
Where the obligation to pay the debtor has been completely removed or the debt arrangement has been granted under Article 10a, the duration of the payment programme shall be five years, subject to Article 31 (a). However, where the obligation to pay has been abolished, the payment schedule may be less than five years if the debtor is permanently absent due to illness, age or any other similar cause.
If the debtor has to receive a liquidator pursuant to Article 70, the duration of the payment programme shall be four months. However, the duration of the payment programme shall be extended for six months if the debts of the borrower are held under Article 45a. If the debtor's share of the liquidator of the liquidator accumulates in the shorter period after the payment of the payment scheme, the duration of the payment programme shall be limited to that time. (19/04/2013)
Subject to paragraphs 2 to 5 or Article 31 (a), ordinary debt shall be allocated an equal proportion of the assets of the borrower and the assets of the debtor to each debtor. (29.02.2008)
The assets and assets must first be allocated as a direct payment of a premium. They can then be shown to be the performance of liabilities related to the essential cost of living of the debtor or the necessary housing costs.
At the same time, the balance of payments and the funds shall be allocated to the interest accrued between the date of submission of the balance sheet and the payment scheme and the debts which are the last to be effected in the event of bankruptcy. If the secret date is earlier than six months before the start of the debt facility, the latter are the interest accrued between the start of the debt facility and the fixing of the payment scheme. (19/04/2013)
The payment programme may be drawn up in such a way that the limited number of distributions to creditors will be payable first, and also so that the accrual-from-debtor balance of payments will be used alternately to the various creditors, provided that: The appropriateness of the payment scheme and the ability of other creditors to obtain payment, therefore, is apparently not at risk. In the case of more than one creditors, the payment programme may leave without any straight-line debt to which a small amount of the pay-as-you-go amount would be accumulated by the Regulation. (24.1.1996)
If the debt-to-debt liability regime becomes obsolete (705/2007) in Chapter 2, Article 27 Or of the law on the limitation of debt (728/2003) From the start of the calendar month following the end of the calendar month following the end of the calendar month following the payment scheme, the debt-to-debt ratio shall be addressed to other creditors. Similarly, the payment scheme shall take into account the ageing of the debt from which the debtor, together with someone else, is responsible for the guarantee or any other reason. (19/04/2013)
If the creditor is a private person ( Private creditor ), the duration of the payment programme may be required to continue for a maximum period of two years after the payment programme has been completed for other ordinary debts. If the debtor maintains his/her residence, this period of two years may be imposed from a later date other than the end of the payment programme for ordinary debts. The prerequisite for the continuation of the programme is that it can be considered reasonable, taking into account the merits and amount of the private creditor's claim, his financial position and the circumstances of the debtor. (24.6.2010/632)
The decision to extend the payment programme may be taken over the duration of the payment programme if it has not been possible to decide on a payment programme when the amount of the private creditor's claim is unclear or for any other specific reason.
Where the debtor holds a holding, the debtor shall complete the amount of the calculated amount of the calculated amount in accordance with paragraph 2 ( Minimum accumulation of ordinary debts ) Whether the debtor is able to keep his or her apartment or is to be converted into money.
The minimum number of ordinary debts shall be read:
(1) any surplus value resulting from the reduction of the likely selling price of the borrower's holding in cash, the amount of the liabilities from which the dwelling is secured, and the amount of capital that would enable the debtor and his The residence of her family according to the most advantageous option would be safeguarded ( Housing protection ); and
2) the accumulation of a five-year payment scheme for ordinary creditors if the cost of living of the debtor is assessed according to the fact that the housing of his or her family is organised according to the most advantageous option available. (19/04/2013)
If it is found that a debtor with a holding facility would not be able to use a payment scheme of up to 10 years in order to maintain his/her ownership structure, while maintaining the minimum amount referred to in Article 32, the accommodation shall be converted into cash. However, the debtor's property shall not be converted into cash if it would increase the amount or share of the amount owed to ordinary debts, or if a reasonable other accommodation is not available.
The assets of the debtor's assets, which remain, when the cost of the removal of assets and liabilities from which the assets are collateralised, shall be used for the payment of ordinary debts.
However, the amount of the assets of the debtor's property shall be used for the payment of ordinary debts, at the same time as the sum of the minimum amount of the ordinary debt. The court may order that the debtor may pay the amount of the sum owed to ordinary debts by means of the payment scheme, instead of a lump sum, if it is reasonable for the organisation of the debtor's residence. The court may order the transfer of the debtor's ownership to the debtor for the use of the debtor's assets in order to hold the debtor's residence or to safeguard the performance of the payment scheme. If the debtor fails to comply, the payment programme may be ordered to lapse.
Where, pursuant to Articles 15, 29 or 33, the debtor's dwelling is to be converted into cash, the court may, at the request of the debtor, order that the change in the amount of money may be taken only after a period of one year not exceeding one year if the debtor and In view of the circumstances of his family, it must be considered reasonable and, if the debtor is able to carry out an interest rate on the ownership of the holding, which accrues from that period. If the debtor fails to pay this interest, the creditor may exercise the rights referred to in Article 13 (1) (1).
The debtor shall be obliged, in the payment programme, to pay in the form of additional payments to its creditors in the course of the payment programme, and the amount provided for in this Article. However, the additional supply obligation referred to in paragraph 3 shall not be established for the debtor whose income cannot be expected to exceed the amount referred to in paragraph 3 below. (19/04/2013)
If a debtor is entitled to a gift or a non-contributory inheritance, the amount of which alone or in combination with other contributions exceeds eur 1 000, the debtor shall pay the creditors a proportion exceeding EUR 1 000 Of the sum of the contributions.
If the income of the debtor less on the increased cost of working travel and other direct increments resulting from the provision of revenue to the debtor increases, in comparison with the income recorded in the payment programme, over a calendar year not less than 2 000 The euro, the debtor shall use half of the part exceeding eur 2 000 for the payment of its debts. However, the amount thus calculated does not need to be used as a debt performance in so far as the debtor has needed it for other necessary expenditure. (19/04/2013)
For the purposes of paragraph 3, the income of the debtor shall mean the net income, calculated by deducting the debtor's income from the withholding tax or the advance on the advance, and the statutory contributions of the employee. The income tax refund and tax debt shall be taken into account as a supplement to revenue or as a deduction from the year in which they have been paid or should have been paid.
A payment obligation based on a one-time basis must be fulfilled within three months of the debtor's possession. In other respects, additional performance must be fulfilled during the following calendar year. However, the additional payments for the final year of the payment programme shall be paid at the same time as the additional performance of the last full calendar year or the end of the programme over the next six months, depending on which deadline Additional payments shall be made later. A payment date may be imposed differently if it is appropriate for reasons of minor additional performance or other specific cause. (19/04/2013)
The court may, upon application, confirm and order the amount of the additional payment to be paid to the creditor. The application and presentation of the claim are laid down in Article 61a.
The amount referred to in paragraph 3 shall be adjusted as laid down in the Act on National Pensions Act. The revised amounts will be rounded up to the nearest euro and will be published annually during the month of November by a decree of the Ministry of Justice. (8.12.2006/1088)
The payment programme shall state adequately the following:
1) the assets of the debtor, which shall not be converted into money;
(2) income derived from the change in assets or estimated income, as well as other assets provisions;
3) the income of the debtor and an estimate of the expected evolution of income;
(4) expenditure on the essential cost of living and the debtor's maintenance obligations, as well as other aspects of his financial position;
(5) the debtor's payment per month or any other appropriate period of time;
(6) the measures to be taken by the debtor to improve its ability to pay;
(7) collateral liabilities and secured assets;
(8) the guarantee ratio, the content of the debt facility, the schedule of payments and the duration of the payment programme in respect of collateral liabilities;
(9) ordinary debts and assets and assets used to perform them;
(10) the content of the debt facility, the payment schedule and the duration of the payment programme for ordinary debts;
(11) provisions relating to the implementation, assistance and security measures referred to in Articles 13 and 18;
(12) provisions on criteria and compliance with the additional performance obligation; (30.12.2002/1273)
(13) procedural costs and solutions for the fee and cost of the liquidator.
Unless otherwise specified by the Court, the liquidator shall ensure the monetary change and the holding of assets denominated in the payment programme. Where the liquidator is not prescribed or otherwise appropriate, the court or tribunal may order the debtor, the debtor or the guarantee creditor to provide for the change of money and the accounting of the assets. At the request of the guarantee creditor, the court may, for special reasons, provide that the transfer of funds is provided in the order of the guarantor, in the order of the claim creditor.
The settlement of the debtor's assets in the context of the debt facility shall be provided in a care and appropriate manner in such a way as to obtain the highest possible cost of property at the lowest possible cost. The cost of transferring money is taken from the money-accumulating assets. Before the transfer of the money, the debtor must be consulted. A written statement shall be made to the debtor about the change of money and the holding of funds.
The payment programme may be established if, according to Articles 9 to 11, the debt arrangement complies with the conditions and the provisions of this Act. Any derogation from the provisions of this Act shall not prevent the adoption of a programme unless the creditor or debtor has invoked it in its statement on the proposal for a payment programme.
The fixed payment programme shall be followed in spite of the appeal, unless the upper court decides otherwise. When establishing a payment scheme, the court may order that the provisions relating to the cash transfer of the debtor's assets must be complied with only when the decision is final or otherwise provided.
In the absence of an obstacle within the meaning of paragraph 3, the proposal for a payment programme may, without complying with the provisions of Articles 38 (1) and Articles 55 to 57, establish a payment programme if:
(1) in accordance with Articles 9, 9a, 10, 10a and 11; and
(2) all known creditors representing a total amount of at least 80 % of the total amount of creditors' claims, and any creditor whose claim amounts to at least 5 % of the total amount owed by the creditors; Or has not raised any objections to the proposal for a payment programme.
In the context of the programme proposal, the Court of Justice shall provide a report on how and when to the creditors, who have not accepted the proposal, have been informed of the proposal and given the opportunity to comment on it and the Written statements by the creditors. A debtor statement shall also be submitted to the court in writing.
A proposal for a payment programme shall not be established unless the proposal is in accordance with Articles 25, 26, 29, 31 and 46a, or if it otherwise differs from the equal treatment of creditors under this Act. In addition, the court must always examine the requirement of Article 31 (a) of the private creditor.
The Ministry of Justice adopts a formula for an application for a debt regime and for a proposal for a payment programme and gives guidance on their preparation.
Once the payment programme is fixed, the terms and conditions of the liabilities and other legal relationships governed by the debt facility shall be determined in accordance with the programme. Notwithstanding the end of the duration of the programme, the obligation to pay, as provided for in the debtor's payment scheme, remains in so far as it has not been fulfilled. Due to the delay in the payment scheme, no interest shall be accrued due to the delay. The forecluse on the liability of the debtor's assets, on the basis of a liability under the liability regime, shall lapse when the payment programme is legally established. The same applies to other forms of debt-based implementation. The execution of a fine shall not be implemented during the duration of the payment scheme. (30.12.2002/1273)
The fixing of a payment scheme shall not prevent the criterion or amount of liability under the liability regime or the examination of a claim relating to the validity or content of the liability in respect of the debt if the debt or the right is challenged in the context of the debt facility. And, pursuant to Article 57 (2), have been addressed in a separate trial.
The undertaking or contract under which the debtor must make a payment based on or related to a debt subject to the debt arrangement shall be null and void unless the performance obligation is based on a fixed payment programme or the provisions of this law. However, at the end of the payment scheme, the debtor may, on a voluntary basis, carry out the liabilities covered by the debt facility. (24.1.1996)
If, at the end of the payment scheme, a debt settlement debt which could have been converted into a payment scheme, the debtor must pay the amount of the debt which the creditor would have received if the debt had been included in the payment scheme.
The debtor shall make payments under the payment scheme for each creditor in accordance with the schedule laid down in the programme. The court may, when considered appropriate, order the debtor to make payments partly or entirely to the bailiff to the creditors for account. The bailiff may issue a non-payment order for the suspension of payments under the payment scheme in respect of the debtor's salary, pension, business income or any other recurrence of payment, in accordance with, where applicable, the prohibition of payment Is laid down in the enforcement law. The order shall lapse if the bailiff considers that the conditions for the execution of the payment scheme do not exist. The officer shall inform the debtor of the lapsing.
Notwithstanding paragraph 1, a debtor whose solvency is impaired shall, notwithstanding the provisions of paragraph 1, suspend the payment to each creditor over the duration of the payment scheme for a period of up to three months, or if: The duration of the payment programme for ordinary debts shall be three years longer, for a maximum of five months, by informing the creditor of the deferral. The debtor's deferment shall be due at the end of the payment scheme. (19/04/2013)
Where a debtor fails to pay a payment under the payment scheme to a creditor who has the right of rem in the assets of the debtor, the creditor may exercise his rights as referred to in Article 13 (1), paragraph 1, where more than Three months and the performance is still outstanding. The change in monetary policy also applies to the provisions of Article 34.
Where a debtor fails to pay a payment under the payment scheme to a creditor other than the one referred to in paragraph 1, the creditor may, under the payment scheme, require enforcement, as provided for in the foreclor, where more than Than three months and the performance is still outstanding. In this case, the debts may be required by the entire programme to be collected. The execution shall continue until the creditor requests the cancellation of the foreclor or the debtor has completed the payments due under the payment scheme to the creditor and may be credible that he will in future comply with the payment programme. Where the sale of the assets of the debtor has been issued, the property may be sold, unless the creditor asks for the cancellation of the forecluse. (30.12.2002/1273)
If there is reason to assume that the assets may be used for the performance of the debt of the debtor other than the creditor who has applied for the execution of the debtor, the beneficiary shall retain the proceeds from the sale of the assets which have been recovered under paragraphs 1 or 2.
The court shall order the payment programme to lapse on the debtor's application. The payment scheme may be imposed on the creditor's application if: (29.02.2008)
(1) the debtor has substantially failed to comply with the payment scheme without an acceptable reason;
(2) after the adoption of the payment scheme, there are elements which would have prevented the debt arrangement if they had been known to decide on the debt facility; or
(3) the debtor has jeopardised the execution of the payment programme without any necessary or comparable justification, or by any other non-compliance with its obligations.
Instead of an expiry of the payment scheme, the court may fix the additional payment to the creditor which made the debtor's claim and order it to be paid with interest if the lapse of the programme should be considered as a disproportionate sanction. Taking into account the cumulative amount due to the creditor under the payment scheme, the amount of the additional payment, the reason for the default of the payment scheme and other circumstances. (30.12.2002/1273)
If the payment programme has been ordered to lapse, creditors shall be entitled to claim payment from the debtor on the basis of the conditions which should have been complied with without the liability regime. However, the debtor shall not pay any interest on the debt for the duration of the payment scheme, unless the Court of Justice decides otherwise due to the reason for the expiry of the payment programme.
The decision on which the payment programme has been imposed shall be complied with, in spite of the appeal, unless, for specific reasons, the court decides that the decision must be complied with only when it is legal or otherwise provided.
If the debtor is declared bankrupt before the end of the payment scheme, the payment programme shall lapse. The creditor's right to bankruptcy will then be the same as if the payment scheme had not been established.
Notwithstanding paragraph 1, the court may, at the request of the debtor, order the payment scheme not to lapse in the event of bankruptcy if there is a particular reason why the principal part of the debts has already been paid in accordance with the payment scheme.
If the debtor dies, the liabilities shall be taken into account after the deceased in accordance with the conditions of the payment programme. The creditors are entitled to the additional payments that the debtor would have had to pay under the payment scheme. If, according to the debtor's payment scheme, the underlying assets are converted into cash before the payment schedule based on the payment programme has been fulfilled, the selling price of the assets shall be paid after the cost of transferring the assets from which the assets are: As collateral.
The payment scheme may be amended upon application by the debtor or the creditor if:
(1) the debtor's ability to pay has been impaired so materially that he cannot reasonably be required to meet the payment obligation provided for in the payment programme, taking into account, in particular, the time required to meet the obligation to pay; In a changed circumstances, or if, under other circumstances relevant to the debt facility, a material change has occurred since the adoption of the programme;
(2) after the adoption of the programme, there have been factors which would have been relevant to the debt facility if they had been known to decide on the debt facility;
(3) after the adoption of the programme, a debt under the debt facility, which was not known when the payment programme was fixed or is excluded under Article 28a, without taking into account the payment programme; or
(4) a change in the payment programme is warranted on account of recovery or because, in the case referred to in Article 28, the amount of the debt or the right of the creditor is otherwise fixed in the light of the payment programme.
The change to the payment scheme for the benefit of the creditors concerns all creditors. However, a debt to which a small proportion of the amount of the euro adjustable under the regulation may be accumulated may be omnipresent without performance. The change to the detriment of the creditors concerns the creditors who, according to the programme, would still be performing. If the programme is amended in accordance with paragraph 1 (3), the content of the amendment shall be such that, notwithstanding the provisions relating to the duration of the payment scheme, the debtor has to pay the same proportion of the debt to the creditor as for the other Creditors, unless it is disproportionate, taking into account the amount and criterion of the debt and the economic importance of the performance in the circumstances of the debtor. The duration of the payment scheme may be extended for the purpose of payment by the liquidator.
The amended payment programme shall be followed in spite of the appeal, unless the upper court decides otherwise. When deciding to amend the payment scheme, the court may order that the provisions on the transfer of assets of the debtor's assets must be complied with only when the decision is final or otherwise provided.
The private economic debt of a private economic activity or self-employed person may be organised according to this law only if he/she is able to pay ordinary debts and Article 46 (2) does not constitute an obstacle to the operation of the Continuation and:
(1) the debtor does not have any debts or limited liability for the economic activity in question;
(2) there are more than few liabilities related to the activity in question, but are not due without due payment and the debtor is able to pay the financial liabilities related to the business activity as they mature; or
(3) debts relating to the economic activities of the debtor are organised in accordance with this law.
Where a debtor carries out an activity as a personal liability of an open company or a commandites company, his private debt may be organised under this law only if:
(1) the company is solvent and is not threatened with insolvency; or
2) in the case of a company, there is a procedure under the law on the restructuring of the company.
In the past, debts related to the business activity of the debtor shall be considered as private debt if the economic activity in question has been terminated and the debt liabilities of the debtor have been cleared.
Liabilities related to the economic activity of a private economic activity or self-employed person may be organised under this law only if:
(1) the debt of the debtor's private economy is organised in accordance with this law;
(2) the economic activity of the debtor is relatively small and that its reorganisation does not require any organisational arrangements;
(3) the debtor is able to pay, after the start of the procedure, the proceeds of the activities related to the activities relating to the activities of the debtor as they mature; and
4) the continuation of activities does not lead to borrowing on a wider scale within the meaning of Article 46 (1).
Liabilities related to the economic activity of an open company or a limited partnership undertaking by an open company or a commandites company may be organised under this law only if:
(1) in the case of a company, there is a procedure under the law on the restructuring of the company; and
2) the question is the liability of the company man and the measures taken under the procedure referred to in paragraph 1 shall not extend to the company man.
According to this law, it is not possible to hold the company's debt.
A creditor may not be organised in accordance with this law if there are reasonable grounds for believing that the main purpose of the application is to prevent the recovery of creditors or other infringements of the rights of the creditor.
In the case referred to in Article 45 and in Article 45a, the debtor may, notwithstanding the prohibition laid down in Article 7 (1), take the necessary credit for the economic activity concerned if it is not unusual in terms of quantity or conditions. However, the debtor may take a higher amount of credit if it is appropriate to take credit in the light of the expected accrued income during the payment scheme. (19/04/2013)
In the debt arrangement, private business or self-employed persons are not obliged to convert their economic assets to the extent that assets are necessary for the continuation of operations and the continuation of operations is , taking into account the income accruing to the debtor.
In the case of an open or commandiite company, a liability company is not obliged to change its contribution to the company, unless one of the creditors is required and it is likely that this would lead to a creditor To a better result than the maintenance of the company's share in the debtor.
In the case referred to in Article 45a, the payment scheme shall not be established if the creditor is likely to be able to claim that the amount of the accumulated deposit under the payment scheme is less than what he would receive in the event of a debtor's bankruptcy without a debtor. The taking into account of the ownership and the application of Article 20a.
Where a debtor is a private undertaking or a self-employed person and a decision is taken in the course of a payment scheme to initiate the procedure referred to in the law on the liquidation of the debtor, the payment scheme established under this law It will fall. However, the Court may order that the payment scheme, in spite of the restructuring procedure of the undertaking, does not lapse if there is a particular reason why the main part of the liabilities included in the payment scheme is carried out in accordance with the programme.
Where a debtor is engaged in an economic activity as a shareholder in the management of a limited liability company, the liability under the debt facility shall not be deemed to be liabilities based on the debtor's guarantee undertaking, provided that the guarantee is provided by that company's debt. Such a debtor shall not be subject to the provisions of Article 3 (2) provided that the security has been lodged from the debt of the company referred to above.
The debts referred to in paragraph 1 shall, however, be subject to the liability regime provided that the company has initiated proceedings under the law on the restructuring of the company or the restructuring programme has been established. (24.1.1996)
As provided for in Article 46 (3), the same applies to the debtor who carries out business as a shareholder in the management of a limited liability company. (24.1.1996)
Processing of the case referred to in this Act shall be governed by In Chapter 8 of the Court of Justice , subject to this law. (30.8.2002/772)
It can always be dealt with at the hearing when it alone is chaired by the President. (31.1.1995/113)
The debt facility shall be determined by the court or tribunal of the debtor, or, where the debtors apply for the debt arrangement together, the court which is a public forum for them. In the case referred to in Article 45 (2) (2), Article 45a (2) and Article 48 (2), the debt arrangement may be terminated by the court in which the restructuring proceedings are pending. (19/04/2013)
It shall be decided by the court or tribunal referred to in paragraph 3, as referred to in paragraph 3, of the lapsing and amending of the payment programme and the other debt arrangements. (30.12.2002/1273)
Where an application for bankruptcy of a debtor is pending when an application for a liability arrangement is initiated or if an application for bankruptcy is initiated before the decision to initiate the debt facility has been initiated, the application for bankruptcy shall be dealt with. In the district court where the application for debt relief is pending or which has dealt with the issue of the establishment of the debt facility. The district court to which an application for bankruptcy has been made has to submit a bankruptcy application to the District Court dealing with an application for a debt restructuring application.
During the period between the start of the debt settlement and the fixing of the payment programme, the application for bankruptcy of the debtor shall be dealt with by the District Court, which has decided to initiate the debt facility.
Where the debtor is declared bankrupt, the District Court referred to in paragraphs 1 or 2 may refer the case to the District Court which otherwise has jurisdiction to deal with the debtor's bankruptcy where appropriate. At the same time, the district court must provide the estate manager.
An application for a debt arrangement shall be drawn up in accordance with the established formula, that the application may otherwise be declared inadmissible. The application shall be submitted to the Office of the Court.
If the debtors seek the debt arrangement together, the application of each debtor should indicate why the debt arrangement is sought together.
Paragraph 3 has been repealed by L 19.12.2014/1123 .
The application shall be accompanied by a necessary explanation of the debtor's ability to pay and other matters relevant to the debt facility. The application may be accompanied by a debtor's proposal for a payment programme and a proposal for a liquidator.
The documents to be annexed to the application and the report required are further specified by the Regulation.
Before deciding whether to open a debt facility, the Court may reserve an opportunity for one or more creditors to give written notice in writing on the application. They may also be invited to attend the hearing.
Paragraph 1, which provides for a creditor, shall also apply to the debtor's debt, the lodging of the security, and the debtor.
The Court may reject the application without consulting the creditors if it is apparent that the application is intended to delay the insolvency of the debtor. (19/04/2013)
Where the application is accompanied by a proposal for a payment programme and not subject to paragraph 2, the court shall:
1) submit an application and a proposal for a payment programme to the creditors;
(2) set the deadline by which the creditors are required to make a written statement to the court on the debtor's application and on the proposal for a payment programme, and any claims on the liabilities included in the proposal, that the statements and arguments Otherwise may be disregarded; and
(3) provide the private creditor with an explanation of the possibility referred to in Article 31 (a) to require the extension of the duration of the payment programme.
If the approval of the draft payment programming proposal referred to in Article 38a (1) has been given in writing and the debtor has heard all creditors, the decision to open the debt facility and the fixing of the payment programme may be made more than the creditors Without consulting.
What this article provides for a creditor also applies to the guarantor of the debtor's debt, the collateral provider and the co-debtor.
The court or tribunal shall, at the request of the creditor, obtain the necessary clarification as to whether there are any circumstances which may cause the application to be rejected on the grounds mentioned in Article 10. The Court of Justice may also seek clarification on its own initiative. (24.1.1996)
If necessary, the Court may, on its own initiative or on the application of the creditor, request an exit from the debtor Chapter 3 of the outlaw The exit clearance referred to in Articles 57 to 63 or to provide any other information necessary for the solution of the application. At the same time, the Court may order that the bailier shall, notwithstanding the provisions of confidentiality, have the same right as the debtor to obtain information on the debtor's bank accounts, the payment movement, the contracts and commitments and the debtor's assets, taxation And other aspects of the borrower's financial position. The bailiff may also be referred to as a hearing. (27.6.2003/691)
Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 , see Output arch 705/2007 Chapter 3 ARTICLES 57 TO 63.
The decision to initiate the debt facility must be taken if, on the basis of the report presented, there are conditions and there is no obstacle to the debt arrangement. The decision to initiate the debt settlement shall not be subject to appeal. (31.1.1995/113)
Subject to Article 5 (5), the Court shall decide to initiate the debt facility: (19/04/2013)
(1) set the deadline by which the proposal for a payment programme shall be submitted to the court, unless the proposal has been submitted in the context of the application;
(2) set the deadline by which the creditors must inform the liquidator or other author of the proposal for a payment programme or to the court, in accordance with the amount of the court order, the amount of the debt covered by the debt facility, if it: Deviates from the declaration of the debtor, at the risk of leaving the claim exceeding the debtor's declaration without taking into account the payment scheme;
(3) set, in the absence of the liquidator, the date by which the creditors are required to make a written statement to the court on the debtor's application and on the proposal for a payment programme and any claims on the liabilities included in the proposal, Statements and arguments may otherwise be disregarded; and
(4) order the liquidator if, pursuant to Article 64, it is subject to a case.
(31.1.1995/113)The court shall also:
(1) notify the debtor of the obligation to provide information as provided for in Article 6, the obligation to act in accordance with Article 7 and the prohibition of payment and waxing laid down in Article 12, and the penalties for non-compliance and infringements;
(2) notify the beginning of the debt facility to the foreclosed authority of the debtor's place of residence and the debtor's property; and
(3) mark the time of its adoption or delivery.
Subject to Article 66, the court or tribunal shall, without delay, send to the creditors, the guarantors, the guarantors and co-debtors a copy of the decision, the application and the debtor's proposal. As well as an explanation of the possibility of extending the duration of the payment programme, as referred to in Article 31a. (19/04/2013)
Where the application is accompanied by a proposal for a payment programme and a decision to initiate the debt facility has been taken for a period not exceeding six months after the date of saldday used in the payment programme, the court shall set the date referred to in paragraphs 2 and 3 of paragraph 2. Only if it is necessary to revise the proposal for a payment programme. (19/04/2013)
Where, as a result of the summary or notification referred to in Article 66 (4) of the summary of the accounts of the creditors or of the liquidator of the liquidator, or the liquidator referred to in Article 66 (4), the Court may order the matter to be referred to the Court. The court shall indicate the time and place of the sitting for the debtor, the creditors and the liquidator.
The creditors may in writing, in time or at the hearing, if provided, orally present claims on the liabilities included in the proposal for a payment programme. If the proposal is drawn up by the liquidator, the claim may also be made by the debtor. The claims shall be presented to the liquidator who will bring them to the attention of the Court in connection with the proposal for a payment programme.
The claims referred to in Article 56 shall be dealt with in the context of the processing of the debt facility and shall be settled in the payment programme if, taking into account the evidence and other factors, it is possible without causing material delay or other damage To the debt arrangement.
Where, under Article 1 (1), the case may not be dealt with and resolved in the context of a debt arrangement, the court or tribunal shall, within a period of time, provide the party with a duty of proof to refer the matter to a different court or tribunal Procedure. The inclusion of this claim in the payment programme is governed by Article 28.
If, according to Article 38, the proposal for a payment scheme cannot be established, the Court may reserve the possibility for the debtor or liquidator to submit a new proposal by the deadline. In so far as the Court considers it necessary, taking into account the meaning of any amendments to the previous proposal and taking into account the content of the statements made, a statement of the parties concerned shall be requested by the deadline. (24.1.1996)
If the debtor before the confirmation of the payment programme is killed, the application shall lapse.
When establishing a payment programme, the Court of Justice shall explain the importance of the debtor debt facility and the consequences of non-payment of the payment programme, and shall pay the debtor's attention to the fact that the taking of a new debt which is not required The payment scheme may jeopardise the implementation of the debt facility.
A legal act which would be able to withdraw if the debt arrangement had been filed for bankruptcy could, at the request of the creditor, be recalted on the basis of a liability equivalent to that of the debtor in the bankruptcy law (758/91) And in accordance with the provisions of the said law on the status of third parties.
In the cases referred to in paragraph 1, the date on which the application for the debt arrangement was made or, if there was an application for the liquidation of the debtor, the day on which the application for bankruptcy was made, shall be regarded as the date referred to in paragraph 1. If there were a number of applications for bankruptcy, the date on which the first application was lodged shall be the date on which the application was made.
Access to readmission shall apply mutatis mutandis: Chapter 3 of the outlaw Articles 84, 89 and 90 provide. Notwithstanding the provisions of this Act, the creditor's claim may, notwithstanding the application of the creditor's claim, be used for the performance of the claimant's claim. Appeals shall be instituted within six months of the receipt of the debt by the creditor. (27.6.2003/691)
In the event of repayment due to the repayment of the payment due to the creditor, account shall be taken of the debt covered by the debt facility.
See: L to return to bankruptcy 758/1991 2 Chapter 4. Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 , see Output arch 705/2007 Chapter 3 Articles 84, 89 and 90.
An application for a lapse or modification of a payment scheme shall be made in writing to the court. The application shall be made without undue delay after the cause has been brought to the attention of the debtor or the creditor. An application for a modification of a payment scheme cannot be made after the end of the payment programme. The debtor's application for lapsing of the payment programme shall be made during the payment programme and the creditor's application no later than two years from the date on which the performance of the payment schedule has been fulfilled. If the application is based on criminal law (39/1889) However, the debtor's application, as referred to in Article 2 or 3, may be filed before the criminal prosecution of the offence has become obsolete. (29.02.2008)
If the debtor applies for a modification of the payment scheme, he shall submit a proposal for a new payment programme. The creditors concerned shall be given an opportunity to be heard as a result of the proposal.
The creditor's application shall be reserved for the debtor and the creditors for whom the court considers it necessary to be heard. Where the creditor has called for the payment programme to lapse, the other creditors shall be given an opportunity to present their claims if it is justified by Article 42 (5). If the Court considers that a change in the payment programme is warranted, it may set a deadline by which the debtor must submit to the court a proposal for a payment programme. The processing of the proposal is in force, as set out above. (30.12.2002/1273)
The creditor's application to strengthen the debtor's additional performance and to impose a payment obligation can only be examined when the payment scheme is terminated. The application shall be made without undue delay after the duration of the payment programme or where the basis for additional performance has become available to the creditor. Applications cannot be made after two years after the end of the payment scheme. Before submitting an application, the creditor shall make a written request to the debtor and provide the debtor with an opportunity to meet the request. However, an application may be made without a claim if the transfer of court proceedings may result in a loss of justice for the creditor or if there is another reason for the delay in the proceedings.
The application shall provide the debtor with an opportunity to be heard and to the creditors concerned the opportunity to present their claims.
Additional contributions may also be laid down and imposed on the debtor's application. As regards the creditor's application, the application shall also apply to the debtor's application.
The costs of participation in the procedure shall be borne by the parties themselves. However, in the context of the proceedings referred to in Article 57 (1), and where there is a particular reason for examining the application for the payment of the payment programme and for the establishment of further contributions, the costs of the proceedings shall apply accordingly. The dispute is settled. The obligation to pay the liquidator to the liquidator and the compensation for the costs are laid down in Article 70 (1).
The date of adoption of the payment scheme decision shall be notified to the debtor, to all creditors, to the enforcement authority of the debtor's place of residence and to the liquidator, if any. The notification shall state whether the proposal for a payment programme has been amended once the proposal has been submitted to the parties involved. However, the notification does not need to be made to a creditor whose claim is low and which has not submitted a statement on the payment programme proposal. The date of adoption of the decision to amend the payment programme shall be notified to the debtor and to the creditors who have been given the opportunity to be heard. The termination of the payment scheme shall be notified to the debtor, the debtor's place of residence and the creditors. The Court of Appeal may entrust the District Court to the District Court.
The declarations and notifications referred to in this Act may be effected by means of an electronic means of communication or mail by means of an ordinary letter, unless it is necessary to submit a certificate of receipt or an acknowledgement of receipt or any other The method of service provided for in the dispute. The creditor's process address may be used as an e-mail address or other address for the electronic data transmission, or a postal address for which the creditor has informed the debtor of the debt settlement referred to in Article 11b. Notification of the initiation of the debt facility may also be made to the enforcement authority by telephone.
The decision of the Court of Justice on the liability regime may be subject to appeal, unless the appeal is not expressly prohibited or the issue of a settlement of the case.
If the decision to reject an application for a debt facility has been applied for and the debtor has been declared bankrupt before a court of appeal is settled, bankruptcy will lapse if the debt arrangement is initiated. If the debt arrangement is initiated by a decision of the Court of Appeal and in that case an application for the liquidation of the debtor is pending, the application shall lapse after the payment scheme has been confirmed. (19/04/2013)
The debt arrangement may provide a liquidator if it is to determine the financial position of the debtor, as a result of the exodus of assets or, otherwise, the need to implement the debt facility. Where a proposal for a payment programme is accompanied by a proposal for a payment scheme, the liquidator may be imposed only if it is necessary for reasons of dispute or ambiguity. The liquidator may also be determined in the arrangement of guarantee and guarantee liability. In the case of the fixing of additional performance, the liquidator may be determined if it is necessary in the event of a dispute or ambiguity or for any other specific reason. (19/04/2013)
The Court of Justice shall determine the decision to initiate the debt facility. The liquidator may be imposed at any time if there is reason to do so. The liquidator may also be ordered to submit a proposal for a modification of the payment programme. (31.1.1995/113)
The decision to which the liquidator is assigned shall not be subject to an appeal.
The liquidator must be assigned a full-aged and honest person who is not bankrupt, whose viability is not limited and who is willing to do so. The operator must have the capacity, skill and experience required for the task. He shall not be obligor or any of his debts in a relationship which may be likely to jeopardise his independence vis-à-vis the debtor or his equity vis-à-vis the creditors. (11.4.1999)
Subject to the conditions laid down in paragraph 1, the liquidator may be assigned an enforcement officer or an assisted enforcement officer.
The task of the liquidator is to draw up a proposal for a payment programme within the time limit set by the Court and to carry out the other tasks assigned to the Court of Justice. When drawing up the proposal for a payment programme, the liquidator shall negotiate with the debtor and the creditors and provide them with the necessary information on matters relevant to the debt facility and shall provide them with an opportunity to pronounce on the application, and The proposal. The liquidator may request the statements and claims of the debtor and the creditors by the date of the deadline, otherwise the statements and arguments may be disregarded. The deadline shall be set in such a way that the parties concerned are given a reasonable time to make a statement. The proposal for a payment programme shall be accompanied by a summary of the statement of the debtor and the creditors and the opinion on the proposal. (31.1.1995/113)
The court may order the liquidator to provide the debtor and the creditors referred to in Articles 54 and 55 and Article 62a (1). (31.1.1995/113)
The liquidator may be entrusted with the maintenance of the debtor's assets and the related measures and arrangements, as well as the liquidation of the financial assets.
If the liquidator becomes aware of a matter which may lead to the rejection of the debtor's application, the liquidator shall refer the matter to the Court. If the liquidator becomes aware of the recovery criterion referred to in Article 60, he shall inform the creditors thereof. (19/04/2013)
The liquidator shall, notwithstanding the provisions of confidentiality, have the same right as the debtor to obtain information on the debtor's bank accounts, payments, contracts and commitments, and the assets, taxation and other liabilities of the debtor. The financial position of the debtor.
If the liquidator fails to fulfil an obligation or duty under this law, the court may order him to do so within the prescribed period and impose a penalty payment on the obligation.
The court or tribunal may, on its own initiative or at the request of the creditor or the debtor, and after reserving the opportunity for the liquidator to be heard, shall release the liquidator if he/she substantially fails to fulfil his obligations or release Weighty reason. The court may, for a valid reason, release the liquidator if the liquidator so requests. The court may order that the decision be complied with, in spite of the appeal, unless the court, in which the appeal is pending, is ordered differently.
The liquidator shall be entitled to a reasonable fee and compensation for the costs necessary for the task assigned to him. If the liquidator has acted as a public defender, the remuneration and compensation shall be paid to the Legal Aid Office of the State.
The debtor shall pay the amount of the liquidator, which shall be liable to the debtor's payment of up to a maximum of four months after the fixing or modification of the payment scheme. This obligation shall also apply where the liquidator has been prescribed for the purpose of establishing additional performance, unless the debtor indicates that his payment assets have clearly deteriorated in the context of the fixing or modification of the payment scheme A payment thief. In such cases, the debtor shall pay the amount of the liquidator, which shall be liable to the debtor's payment after the additional payment has been made for the following four months. However, if the debtor is subject to Article 45a, he shall be required to pay the amount of the liquidator, which shall be liable to the debtor's payment of up to a maximum of six months following the establishment or modification of the payment scheme. The debtor's contribution may also be taken from the assets accrued after the start of the debt facility.
The amount exceeding the debtor's contribution to the liquidator is to be borne by the State resources. If the application is rejected, the full amount of the claim shall be made available through State resources. In that case, the debtor shall reimburse the State for the payment of its funds if the rejection of the application has been based on the failure of the debtor to fulfil its obligations under the procedure. In the case of the fixing of the additional performance, the creditor may be ordered to reimburse the State from its funds if the application has been manifestly unfounded.
However, if the liquidator has been ordered to take care of the monetary change, the fee and the cost of the payment programme shall be taken from the sale price of the assets.
Where the debtor is declared bankrupt, the amount of the outstanding payment and the remuneration referred to in paragraph 2 and the interest accruing to them shall be settled in the event of bankruptcy of the creditors referred to in Article 3 of the Law on the Order of the creditors of the creditors, And before the claims referred to in Article 20a of this Act.
More detailed provisions on the liquidator's fee and reimbursement of costs are laid down by a decree of the Ministry of Justice.
The payment of remuneration and the payment of compensation shall apply to the amount of compensation provided by the State to the witness in respect of the State resources.
The liquidator shall be obliged to compensate the debtor or creditor or the guarantor or guarantor of the damage he has caused in the performance of his duties as a result of a failure or omission.
Where the liquidator is a general legal counsellor, the State and the general legal counsel for the damage, according to the (1999) Chapters 3 and 4. (4.8.2000)
If, by the way, a private person has entered into a business or a similar activity, he or she has entered into a payment obligation and has not been able to repay the debt without delay without being obliged to: Shall be converted into a cash payment scheme in accordance with Article 75 of the guarantee debt, in order to convert his or her own property or other property belonging to its base. The fixing of a payment scheme shall be subject to the condition that the debt will be paid in full with the interest calculated on the basis of Article 75 (1) and the payment scheme shall not jeopardise the fulfilment of the other commitments of the guarantor.
The arrangement of guarantee liability cannot be granted without a particular pressure, if:
1) the guarantor has been convicted; Chapter 39 of the criminal code In the case of a criminal offence referred to in Articles 1 to 3 or in Article 6, or is prosecuted or suspected of such a crime;
(2) he has been assigned a business ban or a business ban matter or a pre-trial investigation;
(3) he has failed to fulfil his obligations under Article 74; or
4) there are reasonable grounds for believing that he will not comply with the payment scheme.
What is provided for in this Chapter shall also apply to a fellow debtor whose position in the debt ratio is equivalent to the guarantor and for which a payment is required for the total amount outstanding.
If, by the way, a private person is in a business or a comparable activity, it has provided the equivalent of a claim equivalent to that of the other debt and the debt is due, and the security provider has no other The non-essential assets which he could convert without delay in order to pay the debt may, under the conditions equivalent to Article 72, provide him with a payment programme in accordance with Article 75 for that part of the debt; The value of the security at the start of the arrangement.
Where the collateral provider establishes a payment scheme within the meaning of this Chapter, the creditor's claim shall not be converted into cash by the creditor at the request of the creditor, subject to Article 42. Notwithstanding the fixing of the payment scheme, the right of the collateral shall remain with the creditor until such time as the collateral provider has complied with the obligation to pay or the creditor has otherwise received full payment of the debt, in so far as: The holding is secured as collateral.
The guarantor and guarantor shall be obliged to provide the court and the creditor with all necessary information on matters relevant to the arrangement of the guarantee or guarantee.
In the payment programme for the assets of the guarantor or the security provider other than the basic security assets, as referred to in Article 5 (1), the amount of the liability referred to in Article 72 or Article 73 shall be demonstrated by the amount not required for the other In order to fulfil the commitments, so that the debt to it from the beginning of the arrangement (633/82) (2) shall be completed within a maximum period of five years or, if the remaining initial credit period of the debt is longer than that, during that period.
Where a debtor whose debt has been issued or secured by a guarantee has been laid down in accordance with this Act or the Act on the restructuring of the undertaking, the payment programme in accordance with this Article shall be fixed for the part of the debt to which it is not collected. On the basis of a payment scheme established for the debtor.
The guarantor or guarantor shall submit a proposal for a payment programme.
The payment scheme referred to in this Article shall apply mutatis mutandis to the provisions of Articles 36, 38, 40, 41, 42, 43 and 44. The Court may order that the grant of a guarantee obligation presupposes that the guarantor grants a guarantee creditor a guarantee to the guarantee creditor. The performance obligation under the guarantee payment scheme may be executed in the same way as a judgment requiring a performance. Where the collateral provider fails to comply with the payment scheme, the guarantee creditor may exercise the rights referred to in Article 13 (1) (1).
Where a decision to initiate a guarantee or guarantee liability arrangement has been taken, neither the guarantor nor the guarantor shall, on the basis of that responsibility, be subject to measures falling within the scope of the recovery and exit prohibition referred to in Articles 13 and 17. At the request of the guarantor or guarantor, the prohibition may be imposed on a temporary basis before the start of the arrangement. The order may be issued without consulting the creditor if the urgency so requires.
In the period after the start of the arrangement, the guarantor is not required to pay and the value of the security cannot be recovered from: Article 3 of the Corinth Act (2) interest rate.
Where an application for the arrangement of a guarantee or guarantee liability is rejected, the legal effects of the arrangement shall apply mutatis mutandis, as provided for in Article 22.
The procedure for the provision of guarantee or guarantee liability before a court is, mutatis mutandis, in force in Chapter 8 on the examination of an application for debt securities. If the person whose debt is granted or secured by a guarantee has applied for a debt arrangement under this law or in accordance with the law on the restructuring of the company, the application shall be made to the court in which the debtor The application is pending.
The holder of a public-law claim shall be entitled, without prejudice to any other law, to consent to the debt arrangement referred to in this Act, or to a voluntary debt arrangement which, in its content, corresponds to the principles laid down in this Act. The consent shall be determined by the authority competent to recover the claim. The same applies to a public body governed by private law.
The interruption of the limitation period and the effect of its effect on the claim to be taken into account in the payment programme shall be valid for the purposes of the (728/2003) Articles 11 and 17 Provides. (15.8.2003/745)
If, at the risk of loss of entitlement, the creditor is required to recover within the period prescribed by the law, and without prejudice to the law on the limitation of the debt, the expiry of that period shall be the consequence of the expiry of the debt facility or the temporary prohibition referred to in Article 21. Is not precluding a payment under a payment scheme. Where a recovery or enforcement prohibition based on this law lapses without the fixing of a payment programme or the payment programme expires, the calendar year during which the recovery or the payment scheme expires shall not be taken into account for the calculation of the period referred to in this paragraph. The prohibition of implementation started, and not after the end of the calendar year in which the prohibition was lifted or the payment programme expired. (15.8.2003/745)
Where the creditor is required to apply for a forecluse in order to preserve the privileges provided for by the law within a specified period, the entry into force of the privilege shall apply mutatis mutandis, as provided for in paragraph 1.
Where a prohibition of recovery or enforcement based on this law lapses without the fixing of a payment programme or the payment programme expires, the calculation of the period referred to in paragraph 3 shall not take into account the commencing and the termination of the implementing ban, or The period between the lapse of the debt facility. If the recovery recovery is interrupted by an enforcement order or a payment scheme based on this law, the time referred to above shall be waived without prejudice to the maintenance of the privilege.
Notwithstanding the provisions laid down in this Act, the creditor shall, without prejudice to the periods referred to in Article 79, be able to obtain payment of the debt arrangement without prejudice to the principles laid down in this Act. Under the conditions. In the event of a claim within the meaning of Article 79 (2), the creditor shall, by the end of the calendar year following the end of the period following the end of the period of payment under the terms of the debt facility, be liable to the creditor, at the latest, unless the original The deadline for the recovery of the claim. Otherwise, the period of limitation shall be deemed to have been broken when the payment period under the terms of the debt arrangement is terminated.
Without the consent of the debtor, neither the debts nor the liquidator shall, without the consent of the debtor, use any information relating to the financial position or personal circumstances of the debtor, which he or she has been informed of in the context of the debt facility or in the case of personal circumstances. In the event of a debtor explaining its potential for reconciliation. The provision does not prevent the creditor from negotiating with other creditors on issues related to the debt arrangement and without prejudice to the creditor's measures to recover the debt if the debt arrangement is rejected or the payment programme expires.
Paragraph 1 shall also apply to a person who has participated in a negotiated settlement with a view to achieving an amicable settlement of the financial situation of the debtor without the arrangement of the debt.
Where the legal documents referred to in this Act are governed by the law of (195/1984) Or the law adopted by the public courts in general (190/2007) , the Court of Justice, where the case has been pending, may not authorise the access to such a document for scientific research if it is obvious that the disclosure of information does not adversely affect those interests, To which the confidentiality order has been issued. (30.3.2007/377)
The person who has received confidential information under this Article shall be bound by the same obligation of professional secrecy as the person involved.
L for the public hearing 945/1984 Has been repealed by L for the purpose of repealing the law on public access to proceedings 371/2007 .
Penalty for breach of the obligation of professional secrecy laid down in Article 80 and Article 81 (2) Chapter 38 of the Criminal Code 1 or 2, unless a heavier penalty is imposed in the rest of the law.
Any person who intentionally or negligently infringes the obligation of professional secrecy laid down in Article 80 or Article 81 (2) shall be liable for the damage caused to the debtor.
Under the payment scheme, the creditor shall have the right, without prejudice to the rules of confidentiality, to obtain from the tax authority the necessary information relating to the taxation of the debtor, as well as to the employment authority as to whether the debtor has registered The employment agency, whether or not he has been offered a job and whether he has refused the job.
If there is a special reason for the creditor, the creditor may, at the time of the payment scheme, determine the financial position of the debtor, if applicable, in accordance with In Chapter 3 of the foreclor Provides.
Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 .
Paragraph 42 provides for the conditions and effects of the lapse of a payment programme, where appropriate, for the dismantling of a voluntary debt regime which, in its content, corresponds to the principles laid down in this Act. The contractual condition that the penalties for the defaulting of the debtor or the conditions or effects of the cancellation of a voluntary debt arrangement would be more severe in the light of the debtor than in accordance with Article 42 is invalid. The same applies to the arrangement of guarantee liability. (29.02.2008)
Where a debt arrangement has been agreed between the debtor and the creditor under this law and the contract is not otherwise provided, the contract may be amended by the debtor or the creditor on the same basis as Article 44 (1) to (3). According to the article. If the Parties fail to reach an agreement within two months of the date on which the change requirement has been brought to the attention of the other Party, the party requesting the amendment of the contract may require the court to decide on a modification of the contract. (24.1.1996)
Article 86 has been repealed by L 4.8.2000/78 .
The Legal Register Centre shall keep a register of matters relating to the liability regime of individuals. (21.5.1999/648)
Everyone has the right to be informed of the facts entered in the register.
The information deleted from the Debt Arrangement shall be kept secret. However, information may be given to the court to determine the conditions for the granting of the debt facility. (21.5.1999/648)
The court or tribunal shall inform the Centre for the Settlement of the Debt Arrangement for the settlement of the debt arrangement.
The Court of Justice's obligation to notify by means of an indication of a solution to the system of decisions and decisions of the national judicial system is laid down, where appropriate, by a decree of the Ministry of Justice. The provisions of the Act on the national information system of the judicial system shall apply to the award of the subscription (192/2010) And is provided for.
Where Article 45a applies, the Court of Justice shall, without delay, inform the Patente and Registration Government of the imposition of the temporary prohibition referred to in Article 21 and the opening of the debt facility, as referred to in Article 21; and The fixing of the payment programme and the conclusion of the case for another reason. More detailed provisions are laid down by a decree of the Ministry of Justice. (19/04/2013)
Where a trade register or profession is registered in the trade register, the Patents and Registration Board shall, on the basis of the notification referred to in Article 87a, make an immediate entry into the trade register of the imposition of a temporary ban and the debt regime And the fixing of the payment programme and the conclusion of the case in the light of other reasons. The Court of Justice and the date on which the decision was taken must appear on the label.
More detailed provisions on the implementation of this law and the register of debt arrangements shall be governed by a regulation.
This Act shall enter into force on 8 February 1993.
Measures can be taken to implement the law before the law enters into force.
Prior to the entry into force of this Act, it cannot be reduced the credit costs for the credit period after the establishment of the payment scheme in so far as the value of the collateral at the start of the debt facility was sufficient to cover the debt The present value of the capital and the total amount of the credit costs.
THEY 183/92 , LaVM 14/92This Act shall enter into force on 1 September 1995.
THEY 94/93 , LaVM 22/94, SuVM 10/94
This Act shall enter into force on 1 February 1997.
However, Article 9 (a) and Article 10 (1) to (4) shall not apply where an application has been submitted on 11 October 1996 or earlier. In this case, however, Article 30 (2), which entered into force on the date of entry into force of this Act, shall apply. Article 70 (1) shall not apply where the proposal for a payment programme has been submitted to the parties concerned before the law enters into force.
The provisions of this Act amending and repealing the payment programme shall apply if a modification or expiry of a payment scheme is pending at the time of the entry into force of this Act and the date of issue of the decision has not been notified or, if so, Shall be initiated following the entry into force of this Act. The provisions in force at the time of entry into force of this Act shall apply to the appeal before the entry into force of this Act in the case of amendments to the payment programme which, before the entry into force of this Act, has been settled by a lower court and such In the case of the District Court, if the case has been referred back to the Court of Appeal.
Where the payment scheme is established before the entry into force of this Act, the obligation to pay the debtor is subject to the provisions of Article 40 (1) of this Act and the enforceability and implementation of the payment scheme in accordance with Article 42 (1) to (3). Provides.
Article 31a of this Act shall not apply if the decision to initiate the debt facility has been taken before the law enters into force.
The provision of Article 61 (1) of this Law for the purpose of making an application for lapsing of a payment scheme shall not apply if the payment programme is terminated before the law enters into force.
Article 43a of this Act shall not apply if the debtor is dead before the law enters into force.
THEY 180/1996 , LaVM 19/1996, EV 236/1996
This Act shall enter into force on 1 June 1998.
THEY 132/1997 , LaVM 17/1997, EV 231/1997
This Act shall enter into force on 1 December 1999.
THEY 146/1998 , LaVM 20/1998, EV 234/1998
This Act shall enter into force on 1 December 1999.
30/1998 , Case 31/1998, EV 303/1998
This Act shall enter into force on 1 September 2000.
The compensation referred to in Article 62 (2) shall be paid before 1 January 2001 in the form of a debt advisory.
THEY 37/2000 , TaVM 16/2000, EV 92/2000
This Act shall enter into force on 1 January 2003.
The court seised before the entry into force of this Act shall be examined by the Court in accordance with the provisions in force at the time of entry into force of this Act.
THEY 32/2001 , No 12/2002, EV 97/2002
This Act shall enter into force on 1 January 2003.
2. This Act shall apply where an application for an arrangement for debt or other debt arrangements is pending in the District Court at the time of entry into force of this Act and the date of adoption of this Act has not been notified, or if the case is initiated after the entry into force of the law. Where, in the present case, there has been a request for a modification or lapse of a payment programme, the procedural provisions in force at the time of entry into force of this Act shall apply, but additional payments may be imposed on such A creditor who has not made any such claim. The provisions in force at the time of entry into force of this Act shall apply to the appeal court if, before the entry into force of this Act, the case has been settled by a lower court and, in that case, the District Court, if the case is: The court of appeal returned to the Court of Appeal. However, in the case in question, Article 10a of this Act applies.
3. Article 4 (2) of this Act shall apply where the payment programme is established in accordance with the provisions in force at the date of entry into force of this Act and the debtor's payment shall be recalculated when the payment programme is amended after the entry into force of this Act.
4. Article 7 (3) of this Act shall apply where the payment programme is established before the entry into force of this Act and its duration has not expired before the entry into force of this Act. Article 7 (3) of this Law shall not apply where the payment scheme established before the entry into force of this Act does not contain provisions relating to additional performance. Article 7 (3), which entered into force upon entry into force of this Act, shall apply.
5. If the debtor has the additional obligation laid down in the payment programme for the purposes of the provisions in force at the time of entry into force of this Act, the additional performance shall be valid for one-off performance from the date of entry into force of this Act, and With effect from 1 January 2003, the provisions of Article 35a of this Act. For the purposes of calculating the additional performance based on one-off performance, account shall also be taken of the performance of the borrower before the entry into force of this Act but which, according to the payment scheme, had not yet been settled Creditors. As regards the additional performance laid down in the payment programme, the above provisions shall apply if the contract referred to in Article 85 of the Act on the Arrangement between the debtor and the creditor has agreed to: The entry into force of the provisions in force on the basis of the provisions in force.
6. Article 41 (2) of this Law applies even though the payment programme is fixed before the entry into force of this Act.
7. If the payment scheme established before 1 February 1997 does not include provisions on additional performance and the debtor's ability to pay substantially, the payment programme may be amended at the time of entry into force of this Act. In accordance with the provisions of Article 44, and the debtor may then be subject to the additional obligation referred to in Article 35a of this Act.
8. Article 49 (4) and Articles 61a and 62 of this Law shall apply if the payment scheme established before the entry into force of this Act has been subject to additional reporting obligations. If the creditor requires an increase in the amount of the additional payment, the additional contributions accumulated before the date of entry into force of the law may be reduced by the debtor at the request of the debtor pursuant to which Article 44 (1) of this Law could be To change. If the payment programme has expired before the entry into force of this Act, the creditor may, notwithstanding the period laid down in Article 61a (1), request confirmation of the additional performance within two years of the entry into force of this Act.
9. If the debtor and the creditor are, before the entry into force of this Act, an agreement within the meaning of Article 85 of the Law on the debt regime of a private person, and the contract does not contain any other provision, the debtor may, in view of the recovery of the debtor's ability to pay Rather than amending the payment scheme, the obligation to carry out additional obligations under Article 35a of this Act. The procedure is in force, as provided for in Article 85 (2).
THEY SAY 98/2002 , LaVM 20/2002, EV 194/2002
This Act shall enter into force on 1 March 2004.
THEY 216/2001 , LaVM 34/2002 EV 305/2002
This Act shall enter into force on 1 January 2007.
Where, pursuant to the provisions in force at the time of entry into force of this Act, additional performance has been imposed on the debtor, the additional performance shall be valid from 1 January 2006, as provided for in Article 35a (3) of this Act. As regards the additional performance laid down in the payment programme, the above provisions shall apply if the contract referred to in Article 85 of the law between the debtor and the creditor has agreed upon the provisions in force at the date of entry into force of this Act In accordance with Article 5 (4).
Article 43a of this Act shall apply if the debtor dies after the entry into force of this law.
THEY 30/2006 , LaVM 13/2006, EV 146/2006
This Act shall enter into force on 1 October 2007.
THEY 13/2006 , LaVM 24/2006, EV 269/2006
This Act shall enter into force on 1 March 2008.
If the debt arrangement is based on a payment scheme established before the entry into force of this Act, the creditor's right to receive payment under the payment scheme in accordance with the payment scheme does not prevent the debt from otherwise due to lapse in accordance with Article 27 of Chapter 2 of Chapter 2. Similarly, in accordance with a payment scheme established before the entry into force of this law, the creditor shall also be entitled to a payment when the limitation relates to the liability of which the debtor or his assets are equivalent to the guarantee, On the basis of a pledge or other reason. The provisions of this paragraph shall also apply if the proposal for a payment programme has been submitted to the parties concerned before the law enters into force.
The provisions of paragraph 2 also apply to a voluntary debt regime agreed prior to the entry into force of the law, which in substance corresponds to the principles laid down in the law on the liability of a private person.
The provisions of Article 42 (4) of this Act shall also apply if the matter of the expiry of the debtor's payment scheme is pending before the Court when the law enters into force.
The provisions of Article 85 (1) also apply to the conditions and effects of the winding-up of a voluntary debt regime prior to the entry into force of the law.
THEY 178/2007 , LaVM 2/2008, EV
This Act shall enter into force on 1 July 2010.
THEY 24/2009 , YmVM 10/2009, EV 206/2009
This Act shall enter into force on 1 December 2010.
THEY 102/2009 , LaVM 2/2010, EV 21/2010
This Act shall enter into force on 1 August 2010.
Before the entry into force of this Act, payment programmes and payment programmes adopted before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act.
THEY 52/2010 , LaVM 11/2010, EV 98/2010
This Act shall enter into force on 1 January 2015.
Article 9 (a) (1), Article 10 (2), (3), (3), (7), (8) and (11) and Article 10a of this Act shall apply where an application for a debt arrangement or other debt arrangement is pending in the district court at the time of entry into force of this Act and the date of issue of the decision Notified, or if the case is initiated following the entry into force of the law. The provisions in force at the time of entry into force of this Act shall apply to the appeal court if, before the entry into force of this Act, the case has been settled by a lower court and, in that case, the District Court, if the case is: The court of appeal returned to the Court of Appeal.
Article 20a and Article 70 (5) of this Act shall apply if the debt arrangement has been initiated after the entry into force of this Act.
Article 31 (3), Article 32 (2) (2), Article 49 (a), Article 52 (3), Article 52a, the introductory phrase of Article 54 (2) and Articles 4 and 5, Article 62a (2) and Article 64 (1) shall apply if the debt regime is Shall be initiated in the District Court after the entry into force of this Act.
If, on the basis of the provisions in force at the time of entry into force of this Act, additional performance has been imposed on the debtor, the additional performance shall apply from 1 January 2015 under Article 35a (3) and (5) of this Act.
Article 41 (2) of this Law applies even though the payment programme is fixed before the entry into force of this Act.
THEY 83/2014 , LaVM 12/2014, EV 156/2014
