The nos. 6, 7, 8, 9 and 10/2023 Decisions of the Magistrate's Court of Xanthi, on cases successfully handled by our office, they declared bankruptcy to an anonymous company, as well as to natural persons - shareholders, for the purpose of full discharge of their debts, after the expiry of the statutory period, and providing a second chance, according to its provisions Law 4738/2020.
After her appointment, the Bankruptcy Advocate ordered, with relevant Provisions, the registration of the decisions and the name or brand of applicants in the Electronic Credit Register and the return of the Letter of Deposit Recommendation.
An excerpt of the decision and the corresponding provision concerning the application of the legal entity is given.
DECISION NUMBER PT7/ 2023
(application filing report number: …………)
THE JUSTICE OF THE PEACE OF XANTHI
(Voluntary jurisdiction)
CONSOLIDATED by the Justice of the Peace, Fotini Zafiriou, who was appointed by act of the President of the First Instances of Xanthi and the secretary …………. .
SIT in public in his audience on the 8th day of May 2023 to try the following case:
OF THE APPLICANT: The anonymous company with the name <<………………………………..>>, and the distinguishing title “……………………...”, which is based in … ………………. and is legally represented, with VAT number ……………………………… and GEMI number ………………………………, which submitted the no. …………………. application, which was registered in the Electronic Register of Solvency pursuant to article 213 of Law 4738/2020 on …………………………. and filed through him at the Registry of this Court with filing number ………………………, which is signed by its attorney, Thomas Kalokiri (AMDS THESSALON 11982) and which was absent during the discussion of the case in the audience.
The applicant requests that her application from ……………….. be accepted, which was submitted by her attorney to the Electronic Solvency Register on ……………… where she received number ……………………. .and then it was transmitted electronically to the Secretariat of this Court on ……………….. where the petition filing document numbered …………………….. was drawn up. After the end of the deadline of article 173 par. 1 sec. a' L. 4738/2020 without any intervention, the pre-trial procedure was completed, the file of the case file was closed and designated with the no. …………………….deed of the Director of the Xanthi Magistrates' Court, trialable or referred to at the beginning of this. [...]
AFTER STUDYING THE LITIGATION
CONSIDERED ACCORDING TO THE LAW
"Small entity bankruptcies" are the cases of declaration of bankruptcy of debtors, who, according to their property status, meet only one of the criteria for determining the "very small entity", as this and its criteria are defined in the relevant provisions in article 2 Law 4308/2014, which may however be adjusted by decision of the Minister of Justice (articles 172 par. 1, 204 par. 2 and 78 par. 2 of Law 4738/2020). In other words, the said bankruptcies concern debtors, bankrupts, who are natural persons, practicing, first of all, a business, or legal persons, with bankruptcy capacity, when based on data from their drawn up balance sheets or other data kept by them it is proven, either that have total assets (assets) not exceeding 350,000 euros, or that they have recorded a net turnover not exceeding 700,000 euros, or that they have employed, on average, no more than 10 people in their business , during the last period, before the declaration of bankruptcy (see article 2 par. 2 of Law 4308/2014). However, with regard to natural persons, who do not conduct business and do not draw up balance sheets, the criterion for their inclusion in the category of debtors, whose bankruptcy is of a minor nature, is limited to the value of their entire property, which must not exceeds - correspondingly, to the above-mentioned asset limit of very small entities - the amount of 350,000 euros (article 78 par. 2 sec. b' of Law 4738/2020). In fact, for the calculation of the value of the real estate of the natural person, located in Greece, their taxable value is taken into account, for the calculation of the uniform property ownership tax (EN.F.I.A.), according to the Law. 4223/2013, as it appears from the latest act of determining the tax. For plots, outside of city and settlement plans, for which an ENFIA value is not determined, the value of the real estate is calculated as their objective value, in accordance with article 41 A of Law I 249 / 1982 and the applicable laws , by delegation, relevant regulatory acts (see article 78 par. 2 e5. c. Law 4738/2020 in conjunction with article 11 of the same law). If it is a debtor, for whom the bankruptcy is a small matter, according to the above, the application for its declaration - by the debtor himself or the creditor or the prosecutor - is submitted electronically, through the Electronic Register of Solvency, in which and a period of thirty (30) days is made public (article 173 par. 1 section a of Law 4738/2020), in the context of the purpose of maintaining this Register, which is to assist the procedures of Law 4738/2020 ( article 212). The competent bankruptcy court for the declaration of bankruptcy of a small object is the Magistrate's Court, in whose district the debtor has his main residence, as long as he does not carry out a business activity, commercial, agricultural or other (as defined in articles 21 and 47 of Law 4172 /2013 Income Tax Code), otherwise - if he carries out such an activity - "the center of his main interests" (see above, and article 78 par. 3 of Law 4738/2020). In the event of a dispute, the main residence is the one listed as the debtor's residence in the last tax return before the filing of the bankruptcy petition. In accordance with the provisions in paragraphs 1 and 2 him article 174 of Law 4738/2020: 1. With The application of, The debtor is obliged to submit, under penalty of inadmissibility, them economic of statements, if any, for the last use, for which they are available. 2. In case of a physical application or legal entity, which does not publish financial statements, the last statement is submitted with the application, under penalty of inadmissibility income tax, the declaration of real estate data and, if applicable case, the state of financial data from business activity. The application is also accompanied by a statement of the whole of the creditors the debtor and from a certificate of the competent financial service for the his debt to the State. The application can accompanied and from other documents, supporting the provided from the debtor details". In addition, according to paragraph 2 ton article 173 of Law 4738/2020 when the application is submitted by the debtor, must attach to it, under penalty of inadmissibility, a promissory note deposit of the Pre-Deposit Fund and Loans 250 euro, in original, to meet the first expenses of the bankruptcy, except if there is a case of insufficiency of the property (article 178 par. "1 of Law 4738/2020), to cover the procedural costs, and it is done invoking this fact in the application. This amount is assumed by the syndic, with the permission of the rapporteur. In case of rejection her application or waiver of the application, the amount is returned to debtor (article 173 par. 2 of Law 4738/2020). TheLa the above, documents accompanying the application are submitted in electronic format, while the application itself includes, implicitly – without being able to, for the admissibility of it, to exclude it – consent to access the data and in the accompanying documents, located in its databases public sector or financial institutions (article 174 par. 4 Law 4738/2020). Given, that the attachment of the referred to article 174 par. 1 and 2 of Law 4738/2020 documents is threatened with a penalty inadmissible, in case of their absence, it is not possible according to art. 227 and 741 of the Civil Code, their presentation following a directive of the Court or the applicant's supervision, following the issuance of a non-final decision pursuant to article 254 of the Civil Code.
With its current application, the applicant anonymous company claims that it has been in a state of suspension of payments for more than three years, as it is permanently and generally unable to pay its rising overdue debts, in the total amount of 22,209,034.67 euros to the Greek State, the KEAO and the credit institutions, management companies and other anonymous companies referred to in the present application. In view of the fact that the applicant states that she owns, at a rate of 100%, a plot of land with an area of ………….. sq.m. on which there is a two-storey building with an area of …………. sq.m., with a total objective value of 177,263.40 euros, requests that the name of the company be registered in the Electronic Insolvency Register of Article 213 of Law 4738/2020, in other words, to be declared in a state of bankruptcy and to be appointed a bankruptcy judge proposed by the same Lawyer.
With the above content and requests, the application in question is admissibly brought to this Court, which is competent in terms of content and location, in order to be discussed according to the provisions of voluntary jurisdiction (articles 178 par. 2, 78 par. 4 in conjunction with article 130 par. 1 PtK), as: a) it was published in the Electronic Register of Solvency for a period of thirty days with the number of electronic publication ……………………., without within this time period being submitted electronically to the above register any intervention (see act no. 356/03.05.2023 in which the non-intervention by the secretary of this Court is confirmed), b) the net amount of the applicant's work does not exceed the limit of 700,000 euros, but nil (see the balance sheet of 30.06.2011, which it provides in conjunction with what it states in its present application) and its total assets, does not exceed the limit of 350,000 euros, as it amounts to 178.163,40 (see act estimated determination of ENFIA year 2017 presented by the applicant), therefore the applicant fulfills two of of three criteria for determining the "very small entity" and by extension falls under the simplified procedure category Pipayments of a small object (Article 78 par. 2 of Law 4738/2020 and 2 par. 2 of Law 4308/2014), 3) the registered office of the applicant limited company is located …….., i.e. within the region in which the territorial jurisdiction of this Court extends, find attached in the application […] . Further, the present application, against the place where is admissibly submitted, is certain, content the by articles 118, 216 par. 1 in conjunction with 741, 747 KPoLD and 79 n. 4738/2020 data, and legal, creeping in the provisions of articles 77, 78 par. 1, 2 and 3, 84, 129, 132 ed. a' , 172, 173, 174, 176, 178, 212, 213, 214 Bankruptcy and otherwise in the provisions of articles 2 par. 2 of Law. 4308/2014, 106, I 10, 111, 113 (para. 1), 115 (para. 1), I 17, 118, 119 par. 4, 226 par. 2 cat 3, 256, 741, 747 par. 2 and 3, 749, 754 and 759 par. 4 KPolD, except a) the request for definition syndic bankruptcy, which happens to be illegal according to what is understood in law consideration of the present, since pher a legal case has not preceded the exercise of intervention against the considered application, within it prescribed period of thirty (30) days (Article 173 par. 1 Bankruptcy Code) and consequently the present Court is not allowed to appoint the Bankruptcy receiver but only the judge who reports it (articles 173 Par. 1 section 5 and e' in conjunction with 179 Bankruptcy Code). Consequently and given that until the expiry of the thirty-day deadline for publication of the application in the Electronic Solvency Register no Intervention was brought against it, therefore, it must be accepted as well-founded and in substance, the applicant must be declared in a state of bankruptcy and appointed The competent Justice of the Peace is the bankruptcy adviser, in order to take the legal actions. Furthermore, it must be ordered that the present decision be entered in the Electronic Register of Solvency, according to article 84 of the Bankruptcy Code, and that the court costs of the applicant debtor be imposed against the bankruptcy estate (articles 78 Par. 2 section e' and 89 of the Bankruptcy Code, 106, 189, 190 and 191 Par. 2 of the Civil Code), according to what is specifically defined in the present ordinance.
FOR THOSE REASONS
ACCEPTED the bankruptcy petition.
APPOINTS the Justice of the Peace of Xanthi as rapporteur.
IMPOSES the applicant's court costs against the bankruptcy estate, which he sets at the amount of 120 euros.
ORDERS the entry of the Presenter in the Electronic Solvency Register.
DECIDED, decided and published in Xanthi on …………………… 2023, in an extraordinary, public and audience session, without the presence of the applicant and her attorney.
EIRINODIKIS THE SECRETARY
JUSTICE OF THE PEACE OF XANTHI
VOLUNTARY JURISDICTION
ORDER OF BANKRUPTCY COURT
(small object)
The Justice of the Peace of Xanthi, ………………………….., which was appointed Bankruptcy Adviser, by virtue of his decision number PT7/2023 Xanthi Magistrate's Court (voluntary jurisdiction procedure) with simplified procedure for small item bankruptcies, in bankruptcy of the limited company under the name "…………………………………………..», and the distinctive title "……………………………», the which is based in Xanthi and is legally represented, with VAT number ……………………………. and number GEMI ………………………………., which was declared bankrupt after her, from ………………….. and under no. at ……….. her request on which the above was issued under no. PT7/2023 decision herein Court (voluntary jurisdiction),
Having taken into account:
- The provisions of articles 77 par. 4, 172 (par. 1), 173, 178 par.1, 179, 185, 212, 213 (par. 1 para. f and g‘ and par. 2) of Law 4738/2020.
- The decision numbered PT7 / 2023 of the Magistrate's Court of Xanthi (voluntary jurisdiction procedure).
- The documents found in the case file.
From all of the above, it was assumed that the assets of the property of the applicant company include a plot of land …………………….. sq.m. with two-storey building …………….. sq.m. in a percentage of …….., located at …………….., which is encumbered with multiple security interests and seized by the Greek State. Apart from the above, no it was assumed that the property condition of the applicant includes something other movable or immovable property. In addition, the clean amount of the applicant's work is zero and is in full inactive since 2011 and has not published financial statements since [...]
Therefore, there is a case for registering her brand name of an applicant debtor company in the Electronic Solvency Register, with custody of the applicant or anyone with a legal interest (Article 84 par. 1 – 2 of Law 4738/2020), in order to have its consequences, against the no. 77 par. 4 of Law 4738/2020, as well and the return to this one of the amount with no…………………. Letter of Recommendation Trusteeship (Article 173 §2 Law 4738/2020).
FOR THOSE REASONS
Orders the registration of this provision and the name of the applicant debtor company in the Electronic Register Solvency, under the care of the applicant or anyone who has legal standing interest.
Orders the return to the applicant of the amount with no. ……………………. Letter of Deposit Recommendation.
Xanthi, 11-07-2023
THE PREACHER OF PEACE
Thomas Steph. Summer
MDE lawyer
English 
Greek 
French 
Chinese 
German