Post by account_disabled on Mar 12, 2024 1:07:30 GMT -6
Consequently, the bankruptcy of the debtor who is understood to have acted recklessly or negligently in his indebtedness faces the denial of the exoneration of his debts even though the guilty bankruptcy has not been declared (the declaration of the guilty bankruptcy forms the third of impediments in accessing the second opportunity, analyzed above). Redundant it is.
The legislator, along these lines, stipulates assessed assumptions that the judge must evaluate to determine the existence of negligence or recklessness:
The asset information provided by the debtor to the Email Data creditor before granting the loan for the purposes of evaluating asset solvency.
The social and professional level of the debtor.
In the case of entrepreneurs, if the debtor used early warning tools made available to them by the Public Administrations.
Having transcribed this last section, we observe that, like all the other budgets contemplated in article 487.1 TRLC of the aforementioned Law, this one also revolves around the good faith of the debtor.
In this case, good faith focuses on prudence when requesting credit. Which, for practical purposes, translates into the following: the debtor, in order to seek financing, must foresee that, together with his ordinary expenses, he will be able to meet the debt, the obligation that he is going to contract. If not, he will probably incur negligence for generating a debt that he will not be able to assume.
In this sense, the ruling of the Provincial Court of León, dated January 3, 2020, is pronounced.
We contextualize the resolution in a family that, earning 2,657 euros per month and with fixed expenses of 1,500 euros per month, requests bankruptcy. Since there is an economic surplus within the family economy, the ruling concludes that “ any act of the debtors that requires external financing must indicate the purpose of said financing .”
The legislator, along these lines, stipulates assessed assumptions that the judge must evaluate to determine the existence of negligence or recklessness:
The asset information provided by the debtor to the Email Data creditor before granting the loan for the purposes of evaluating asset solvency.
The social and professional level of the debtor.
In the case of entrepreneurs, if the debtor used early warning tools made available to them by the Public Administrations.
Having transcribed this last section, we observe that, like all the other budgets contemplated in article 487.1 TRLC of the aforementioned Law, this one also revolves around the good faith of the debtor.
In this case, good faith focuses on prudence when requesting credit. Which, for practical purposes, translates into the following: the debtor, in order to seek financing, must foresee that, together with his ordinary expenses, he will be able to meet the debt, the obligation that he is going to contract. If not, he will probably incur negligence for generating a debt that he will not be able to assume.
In this sense, the ruling of the Provincial Court of León, dated January 3, 2020, is pronounced.
We contextualize the resolution in a family that, earning 2,657 euros per month and with fixed expenses of 1,500 euros per month, requests bankruptcy. Since there is an economic surplus within the family economy, the ruling concludes that “ any act of the debtors that requires external financing must indicate the purpose of said financing .”
