April 27, 2020

The Mercantile Court nº1 of Malaga concludes a long process that culminates with the exoneration of debt not satisfied by the now retired. They demanded more than 622,000.00 euros.

In a case, initiated by Ley 57 Lawyers, the Court applies the Second Chance rule and agrees to the exoneration of the unsatisfied liability of the debtor, to which different financial entities claimed, according to a report from the bankruptcy administrator appointed by the court, more than 622,000 euros of principal and interest on debts guaranteed more than twenty years ago.

The affected person, retired several years ago and without any of his ownership, had been seizing his pension in what exceeded the minimum unattachable since his retirement, which is now freed from that burden.

The initial debt derived from personal guarantees, the amount of which multiplied over time by application of default interest.

The exemption agreed by the court is in principle provisional, except for the pensioner’s fortune improvement due to inheritance, legacy or donation; or game of luck, bet or chance.

The benefit of exoneration of the unsatisfied liability (BEPI) is a mechanism that allows to get rid and cancel all the outstanding debts (both private and certain public debts).

This is a measure introduced by the Second Chance Law and which is regulated in article 178 bis of the Bankruptcy Law, a rule that, in the times we live in, becomes a valid alternative for people and entities that, complying with the legal requirements , promote the opening of this file.

The Bankruptcy Law Department of the Ley 57 Abogados and Bufete Jiménez y Asociados law firms specializes in this type of matter and can be contacted on the free telephone number 900 64 92 90.