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The Ministry Of Justice, Setting The Criteria For The Evaluation Of The Debtor's Ability To Pay Debts

Original Language Title: Oikeusministeriön asetus velallisen maksukyvyn arvioinnin perusteista yksityishenkilön velkajärjestelyssä

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Ministry of Justice Regulation laying down criteria for the assessment of the debtor's solvency in a private debt arrangement

See the copyright notice Conditions of use .

According to the decision of the Ministry of Justice, the Law of 25 January 1993 on the debt regime of a private person (57/1993) § 4 (2), as amended by Law 113/1995:

ARTICLE 1
Income

When assessing the debtor's ability to pay private debt, account shall be taken of all income of the debtor, the ability of the borrower and an estimate of the expected development of the income.

The income of the debtor means, among other things, a salary, a premium and any other benefit paid out of work or service. However, the benefit of the benefit, such as daily allowance or kilometre allowance, takes account of the necessary costs to be borne by the benefit.

Income also refers to income from business and self-employment, income from capital, pensions, daily allowances for unemployment, grants and social benefits. The allowance or benefit shall be deducted from the expenditure which the grant or benefit is intended to reimburse.

Child support and child support or support shall not be included in the income of the debtor. They shall be taken into account as a deduction from child maintenance as provided for in Article 6.

ARTICLE 2
Reductions

For the purposes of calculating the debtor's income, on the basis of a report submitted by the debtor, the debtor's income shall be deducted from the cost of living as living expenses, the child's day care expenditure, the training expenditure of the 18-year-old child, the maintenance payment by the borrower. And other resources required for the subsistence of the debtor, in accordance with the provisions of Articles 3 to 6.

ARTICLE 3
Housing costs

Housing costs are included in the rent, in the housing company, in the form of treatment and financing, and there is an allowance for use in the apartment building. Housing expenditure shall also take into account the costs necessary for housing, such as water, electricity, gas, heating, sauna and waste management charges, land or land rent, property tax and other charges that may be charged to the property And insurance premiums for ordinary home or real estate insurance.

The cost of the accommodation of the debtor shall be taken into account in the amount of the debtor's costs. However, if the costs paid by the debtor exceed the amount of the housing costs that are reasonably kept in the locality, the cost of living with the debtor shall be taken into account for reasonable expenses.

§ 4
Other essential cost of living

The cost of living shall include the food expenditure of the debtor and his family, clothing, normal health care, personal and home cleanliness, home maintenance, the use of local transport, the newspaper Expenditure on subscription, television charges, the use of the telephone and recreational and recreational activities and other similar expenditure. Of these costs, the debtor does not need to submit a separate report, but shall be taken into account for each month in the form of:

1) the non-resident debtor or the debtor, which is a single parent, EUR 536;

(2) a debtor living in a marriage or a marriage relationship, or a debtor living in a common household with another adult, EUR 451;

(3) the two oldest children living in the same household with a child under the age of 17, EUR 343 each, the third oldest and the younger children EUR 320 each;

(4) 17 years of age with the debtor in the same household are EUR 380.

(18/11/1345)

With A 1345/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

The cost of living shall include the food expenditure of the debtor and his family, clothing, normal health care, personal and home cleanliness, home maintenance, the use of local transport, the newspaper Expenditure on subscription, television charges, the use of the telephone and recreational and recreational activities and other similar expenditure. Of these costs, the debtor does not need to submit a separate report, but shall be taken into account for each month in the form of:

1) the non-resident debtor or the debtor, which is a single parent, EUR 538;

(2) a debtor living in a marriage or a married relationship or a debtor living in a common household with another adult, EUR 452;

(3) the two oldest children living in the same household with a child under the age of 17, EUR 344 each, the third oldest and younger children of EUR 321 each;

(4) 17 years of age with the debtor in the same household amounted to EUR 381.

(18.11.2014/97)

The amounts referred to in paragraph 1 may be waived if there are specific criteria. Such criteria may include, in particular, the cost of commuting in excess of the local transport charge and the payable by the debtor himself, the usual higher regular health care expenditure or an exceptionally large one-off illness, The resulting expenditure. If the debtor uses his own car, the travel costs may be taken into account on the same basis as they can be accepted as a deduction from taxation.

The monthly costs of living may be taken into account in the first subparagraph, as referred to in paragraph 1, when the debtor itself estimates that it will be operating at less cost.

§ 5
Costs for the education of the 18-year child

After 18 years of the child's completion, the necessary costs for his training may be taken into account as charged by the debtor in accordance with Article 4 (4). These costs may be taken into account until the completion of a child's study in high school or any other training initiated after primary school for a maximum period of two years.

ARTICLE 6
Reductions in costs incurred by children

Child benefit and maintenance payments to a child living with the debtor shall be deducted from the necessary expenditure of the child under Article 4 (1) (3) and (4). However, the increase in child allowance paid to a single parent shall not be taken into account. The training costs of an 18-year-old child shall be deducted from the benefits and benefits received.

The cost of the child shall not be taken into account for the extent of the child's expenses, in so far as the child itself is able to respond to the child's income or wealth. Child support and child support are not considered as a child's income.

§ 6a (18/11/1345)
Indicative adjustment in accordance with Article 35a of the Private Debt Arrangement

Private person's debt arrangement law (57/1993) Article 35a The amount of the additional amount of the debtor's supplementary obligation referred to in paragraph 3 shall be EUR 1992.

With A 1345/2015 Article 6a shall enter into force on 1 January 2016. The previous wording reads:

§ 6a (12/04/1381)
Indicative adjustment in accordance with Article 35a of the Private Debt Arrangement

Private person's debt arrangement law (57/1993) Article 35a The additional amount of the debtor's supplementary obligation referred to in paragraph 3 shall be EUR 2 000.

§ 7
Entry into force

This Regulation shall enter into force on 15 April 2001.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. If the district court has confirmed the payment programme and the Court of Appeal restores the case to the District Court, the Regulation shall apply if the debtor's payment is then recalculated.

Entry into force and application of amending acts:

27.11.2001/1152:

This Regulation shall enter into force on 1 January 2002.

24.11.2003/966:

This Regulation shall enter into force on 1 January 2004.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. If the district court has confirmed the payment programme and the Court of Appeal restores the case to the District Court, the Regulation shall apply if the debtor's payment is then recalculated.

18.11.2004/995:

Entry into force

This Regulation shall enter into force on 1 January 2005.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. If the district court has confirmed the payment programme and the Court of Appeal restores the case to the District Court, the Regulation shall apply if the debtor's payment is then recalculated.

18.11.2005/918:

Entry into force

This Regulation shall enter into force on 1 January 2006.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. If the district court has confirmed the payment programme and the Court of Appeal restores the case to the District Court, the Regulation shall apply if the debtor's payment is then recalculated.

15.11.2006/1013:

This Regulation shall enter into force on 1 January 2007.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. If the district court has confirmed the payment programme and the Court of Appeal restores the case to the District Court, the Regulation shall apply if the debtor's payment is then recalculated.

15.11.2007/1076

This Regulation shall enter into force on 1 January 2008.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. If the district court has confirmed the payment programme and the Court of Appeal restores the case to the District Court, the Regulation shall apply if the debtor's payment is then recalculated.

7.11.2008/684:

This Regulation shall enter into force on 1 January 2009.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. If the district court has confirmed the payment programme and the Court of Appeal restores the case to the District Court, the Regulation shall apply if the debtor's payment is then recalculated.

16.11.2010/97:

This Regulation shall enter into force on 1 January 2011.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. Where the district court has established a payment programme before the entry into force of this Regulation and the Court of Appeal shall refer the case back to the District Court after the entry into force of this Regulation, the Regulation shall apply if the debtor's payment has to be recalculated.

18.11.2011/1150:

This Regulation shall enter into force on 1 January 2012.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. Where the district court has established a payment programme before the entry into force of this Regulation and the Court of Appeal shall refer the case back to the District Court after the entry into force of this Regulation, the Regulation shall apply if the debtor's payment has to be recalculated.

8.11.2012/637:

This Regulation shall enter into force on 1 January 2013.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. Where the district court has established a payment programme before the entry into force of this Regulation and the Court of Appeal shall refer the case back to the District Court after the entry into force of this Regulation, the Regulation shall apply if the debtor's payment has to be recalculated.

22.11.2013/828:

This Regulation shall enter into force on 1 January 2014.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. Where the district court has established a payment programme before the entry into force of this Regulation and the Court of Appeal shall refer the case back to the District Court after the entry into force of this Regulation, the Regulation shall apply if the debtor's payment has to be recalculated.

18.11.2014/962:

This Regulation shall enter into force on 1 January 2015.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. Where the district court has established a payment programme before the entry into force of this Regulation and the Court of Appeal shall refer the case back to the District Court after the entry into force of this Regulation, the Regulation shall apply if the debtor's payment has to be recalculated.

19.12.2012:

This Regulation shall enter into force on 1 January 2015.

18.11.2015/1345:

This Regulation shall enter into force on 1 January 2016.

The Regulation shall also apply at the time of entry into force of the debt regime pending before the District Court where the payment programme has not been established or where the debtor's contribution is recalculated when the payment programme is amended. Where the district court has established a payment programme before the entry into force of this Regulation and the Court of Appeal shall refer the case back to the District Court after the entry into force of this Regulation, the Regulation shall apply if the debtor's payment has to be recalculated.