The Magistrate's Court of Veria with the no. 135/2022 Decision of on a case handled by our office, accepted the application for declaration of bankruptcy of a small object of our principal, a natural person without a commercial status.
The Court accepted that the applicant meets the criteria for determining “very small entity" of article 2 of Law 4308/2014, but also because it is a natural person who does not carry out a business and as a result, it does not draw up balance sheets and due to the fact that value of his entire property does not exceed 350,000 euros, should be included in the category of small bankruptcy object (art. 78 par. 2 para. b of the Civil Code).
As a result, he accepted the application and declared the applicant in a state of bankruptcy for his debts towards financial institutions in the amount of 56,350.88 euros and to the Greek State in the amount of 3,106.53 euros, i.e. a total amount 59,457.41 euros. Then appointed a rapporteur, who by order, ordered the publication of the decision in the Electronic Solvency Register.
Next is the body of no. 135/2022 of the Veria Magistrate's Court Decision
Number 135/2022
VOLUNTARY JURISDICTION
THE JUSTICE OF THE PEACE OF BERIA
FOUNDED by Justice of the Peace Antonio Efthimiadis.
SHINEDRIASE publicly at his audience in Veria, on 11-4-2022 to judge the application for declaration of bankruptcy:
OF THE APPLICANT…… o who filed the No. ……………….. application by proxy his lawyer Thomas Kalokiri, (AM 11982 – Board of Directors Thessaloniki), The who, on the one hand, submitted the application in question electronically, through the Electronic Credit Register, accompanied from the articles 173 and 174 of Law 4738/2020 required documents, on the other hand, both the application and the attachments in this document he submitted them as preliminary evidence and in paper form form at the Registry of this Court, without appear in the audience during her fictitious debate application.
The applicant requests that it be accepted for the reasons he cites, the number ……………………. petition for declaration of bankruptcy, which submitted electronically, through the Electronic Registry Solvency, by Thomas' attorney Kalokiri, (AM 11982 – Board of Directors Thessaloniki).
AFTER STUDYING THE LITIGATION
THOUGHT ACCORDING TO THE LAW
With the provisions of Law 4738/2020, the regulation of of bankruptcies of small object, in the meaning of which cases where the debtor meets the criteria are included determining its very small entity No. 2 the N. 4308/2014 (A' 251) (No. 78 par. 2). Very small entities, according to its provision No. 2 of Law 4308/2014, are the entities, which at the date of their balance sheet do not exceed the limits of at least two of the following three criteria: a) Total assets (assets): 350,000 euros, b) Net turnover: 700,000 euros and c) Average number of employees during the last, before declaring bankruptcy, period the 10 people. The procedure applicable to small item bankruptcies, referred to as a simplified procedure, it is carried out according to with the provisions of No. 172 to 188 of Law 4738/2020, applied in parallel with the other general provisions of the same law in the absence of more specific regulations. Theas expressly defined (No. 76 par. 1), have bankruptcy capacity now also natural persons, for whom, as long as they do not practice business and do not draw up balance sheets, its criterion their inclusion in the category of debtors, whose the bankruptcy is of small object, limited to its value of their total property, which must not exceed -according to correspondence, to the above limit of the assets of the very small entities - the amount of 350,000 euros (thus, article 78 par. 2 ed. b' PtK). The debtor who is in abeyance is declared bankrupt payments, i.e. the one who is unable to fulfill them overdue fundsehis obligations in a general way and permanent. Against the arrangement of No. 176 it is presumed that the debtor in the cases of bankruptcies of a small object is found in suspension of payments when he does not pay the dues his obligations to the State, the Social Agencies Insurance or credit or financial institutions, in height at least 60% of totalsKof his overdue obligations for a period of at least six (b) months, if the non his serviceable obligation exceeds the amount of thirty thousand (30,000) euros. The selective fulfillment of maturities of monetary obligations does not lift the suspension of payments, which it may also consist in the impossibility of fulfilling even of a significant overdue date yearthematric debt. In addition, as to the immovable property of the person, the value of this arises as provided in No. 11. As the value of the properties which are declared in the application, and if they are in Greece, is considered taxable value for the calculation of the single real estate property tax (EN.F.I.A.) according to N. 4223/2o13 (AG 28i), as it follows from the latter tax assessment act. For cfields outside the city plan and settlement, for which no EN.F.I.A. value is specified as a value real estate is considered the objective value of these, according to No. 41A of Law 1249/1982 (A 43) and the applicable authorized ones regulatory acts. The small item bankruptcy petition submitted electronically, through the Electronic Register Solvency, in which it is made public for a period of time thirty (30) days (No. 173 par. 1 e& 1). With his application o debtor is obliged to file, penalty respRadekto, the financial statements, if any, for the Latest use for which they are available (No. 174 par. 1). In case application of a natural or legal person who does not publish financial statements, with the application filed on penalty of inadmissibility of the last income tax return, h statement of real estate data and, if applicable, h statement of financial data from business activity. The application is accompanied by a statement of the whole of his creditors and certification of the competent financial service for the debtor's debts to the State.
The application may be accompanied by other documents where support the data provided by the debtor (art. 174 par. 2), which are submitted in an electronic copy. THE application includes consent to access the data and to accompanying documents located in its databases public sector or financial institutions (art. 174 pyr. 3). Competent bankruptcy court for declaring bankruptcy of small object is the Magistrate's Court, in its district whose principal residence the debtor has, as long as he does not practice business activity, as defined in art. 21 and 47 of Law 4172/2013 (A' 167), or the center of the gentlemen of his interests, as defined in par. 3 of art. 78. In case of dispute, main residence is the one referred to as the debtor's last place of residence before filing the application his bankruptcy tax return. Creditors who file bankruptcy petition can be submitted to the Independent Public Revenue Authority to receive the relevant information, which is obliged to notify them (art. 172 par. 2). Further, in case where, within the timeline of the first paragraph of par. 1, art. 173 no an intervention against the application is filed or an intervention is filed which concerns only the appointment of a trustee, the application is accepted with only the finding that the period of time has passed since bankruptcy court. By the same decision, it is defined by bankruptcy court the promoter and the receiver, if any be indicated as such. Otherwise, the receiver is appointed by the rapporteur, who also specifies the day of their cessation payments, unless the conditions for registration in Register of the details of the debtor, due to insufficient assets, which (registration) is ordered by the rapporteur (article 173 par. 1 ed. b' and d' PtK). The fact that in this case the rapporteur sets the day of cessation of payments, it is an indicator of the economy of the trial intended by the legislator. {IrArgost 148/2021, 650/2021 AIR KHAN (VOLUNTEER) (809925)}.
With his application considered, the applicant stopped his payments permanently and generally since 2011 and while he was a carpenter - laborer - and since then he has been unemployed. THEit is due to the financial ones institutions the amount of 56,350.88 euros and to the Greek State the amount of 3,106.53 euros and therefore the total his debts amount to 59,457.41 euros, or not payment, and, of which it is due to the fact that it has occurred in permanent and general inability to pay these arrears and his receivables. For reasons them he asks to be preached to state of bankruptcy, to appoint a Referee Judge and Receiver of bankruptcy, otherwise order the registration of his name in the Electronic Credit Register due to insufficiency property.
With this content and request, the competent judge in substance and locally addresses before this Court, in order to be tried during the voluntary process jurisdiction (art. 130 par. 1 sub. a and art. 739 et seq. Code Politics Procedure), for the admissibility of which: a) was submitted electronically through the Electronic Credit Registry and was made public for a period of 30 days, without however interventions, b) has been deposited in the Fund Deposits and Loans the amount of €, as specified in the provision of art. 173 par. 2 of Law 4738/2020 (…) and b) have submitted in electronic copy the required by provision of art. 174 of Law 4738/2020 documents. Is it legal? based on the provisions of art. 172-188 of Law 4738/2020, It must, therefore, be further examined in terms of its substantial validity.
From the estimate of all the documents relied upon by the applicant and submits, which were submitted electronically with the application through the Electronic Credit Registry and preliminary evidence was submitted to the Court Registry of this and in printed form before its fictitious discussion of the application referred to at the beginning of this trial, the following are proven, at the discretion of the court real incidents:
The applicant-debtor is a natural person person and has stopped his payments since 2011 while until then he was working as a carpenter. He lives in a rented property that he rents, together with his wife of, in Veria in lieu of payment rent 180 euros per month (based on the copy submitted lease information statement of real estate of AADE of the year 2020). He rents apartment for his son, who is studying to Katerini in lieu of payment rent 180 euros per month. Also, as evidenced by applicant has neither immovable property nor movable property and therefore meets the criteria for determining "very small entity" of article 2 of Law 4308/2014, but also because it is a natural person who does not carry out a business and as a result, it does not draw up balance sheets and due to the fact that value of his entire property does not exceed 350,000 euro should be included in the category of small bankruptcy object (art. 78 par. 2 para. b of the Civil Code). It still has no deposits and his income amounts to 4,856.16 euros (as it appears from E1 of the year 2020). End of the matter case none of the applicant's creditors applied intervention (main or additional) electronically (by submission of in the Electronic Credit Register) within the deadline of 30 days from publication in the Electronic Register Solvency of the pending application for declaration of bankruptcy and therefore none of them acquired the status of a party, with consequence of never starting, nor the as above ten days deadline service of the copy of the application by expediting the process to the other litigants, but neither the deadline of 60 days from the filing of the judgment application (drafting a petition filing report) for the submission of proposals by all parties (debtor applicant and intervening creditors).
Following the above, since it was established that the deadline of 30 days from the publication in question application for the declaration of bankruptcy in the Electronic Registry Solvency lapsed without being exercised Lady intervention against the application by the creditors of the applicant-debtor, The application should be accepted without further ado and as valid in substance to declare the applicant in a state of bankruptcy and to be appointed The bankruptcy attorney is the competent Justice of the Peace.
FOR THOSE REASONS
ADJUDGES the present application of the applicant.
ACCEPTED The application.
DECLARES the applicant in a state of bankruptcy.
APPOINTS a Rapporteur of bankruptcy the Justice of the Peace of Veria
Theodoros Hatziioannou.
ADJUDGED, decided and published in emergency and public in his audience, meeting, on July 4, 2022.
EIRINODIKIS THE SECRETARY
Thomas Steph. Summer
MDE lawyer
Min. Doctor of Law, AUTH
English 
Greek 
French 
Chinese 
German