application for membership of the beneficial provisions of the law Katselis therefore making the decision wu for “excessive and continuous borrowing” and of “fraudulent entry to the impossibility of payment”.
For the refusal of the district Court of Kalamata to the law Katselis debt-ridden household by ascribing to the applicants intent, as well as for the facts of the case which led the court to this crisis the tharrosnews stated in a report of the following:
End the good times for the vulnerable, indebted, as well, as everything indicates, there is a shift in the decisions of the Local courts and strengthened, as has already been announced in previous months, after the ease on the settings of the debts, even absurd, in the first years of application of the law, “Katseli”.
With recent decisions of the Court of Kalamata has a practice of harsher attitude, “punishing” phenomena of households υπεÏδανείστηκαν to make a rich life.
Taken, seriously the issue of “fraudulent insolvency”, while in some cases there is the “possibility of deception”. It excludes, therefore, the integration on favourable settings of the “Law Katseli” to those who had predicted from the beginning that it was impossible for them to pay off their debts, but continued undeterred over-lending (mortgage, consumer loans, credit cards), even at a time of economic crisis, without care to maintain their assets.
Rejection
A recent negative decision of the small claims Court Kalamata regard a couple with three adult children. The 45-year-old woman is a farmer, dealing with the ελαιοπεÏίβολά and together with the subsidies ensures 283,96 euros per month, while the 51χÏονος her husband until the summer were engaged in the building work, so ended their particular professional activity, as it could not meet its tax obligations. Until then it would receive about 400 euros per month.
From 2001 to 2008, it owned a steakhouse in the village, while the following year she moved to Kalamata and then hung up. Also his wife, from 2003 to 2005, he owned a shop.
The woman has a guarantee on three loans of her husband and two loans of her father, with the result that today must 215.167,52 euro. Her husband has received three business loans of € 90.675,02 euro. Both have insurance funds, the first in the OGA 3.059,03, 51χÏονος 3.636,99 in the OAEE, and 5.038,67 euros to the State.
Impute malice
The district Court of Kalamata has rejected the application for membership in the required, considering that both have over-lending without any financial planning. “Made to excessive and continuous borrowing, in order to make business investments and to ensure a standard of living higher than what they allow their incomes, and to pay off earlier debts to other banks,” reports the characteristics of the decision of the court of justice.
Yes, it should be noted that no evidence has emerged that, when receiving the loans, their financial situation was better, however in 8 years it opened and closed 3 businesses “and, therefore, were required because of their professional of this instability to be more prudent in making loans”. And as underlined in the decision, these all show the fraudulent provided to inability to pay: “The applicants have acted fraudulently, since knowingly it got worse in uncontrolled degree of their economic position and became so fraudulent insolvency”.
Source
“No,” the district Court Kalamata in the debt-ridden couple due to unsustainable borrowing
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