KKO 1492/2004
AI generated
Supreme Court dismisses objection to debt restructuring plan based on personal bankruptcy restriction.
Legislator summary
AI generatedThe Supreme Court dismissed the objection raised by a creditor regarding the personal debt restructuring plan. The creditor argued that the debtor's status as a person subject to personal bankruptcy created a legal barrier under the Debt Restructuring Act. The court ruled that the specific restriction cited does not prevent the restructuring plan from being approved or executed. Consequently, the objection was rejected, allowing the restructuring process to proceed.
Legislator headnote
AI generated10 § 4 point 4 of the Act on Debt Restructuring for Individuals; The restriction on debt restructuring for persons subject to personal bankruptcy does not apply to plans approved by the court.
Keywords
AI generated
personal bankruptcy
debt restructuring
legal restriction
creditor objection
court approval
Cited Legislation
AI generated10 § 4 point 4 of the Act on Debt Restructuring for Individuals
Related Decisions
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Supreme Court allows debt arrangement despite objections if serious reasons exist under the Debt Arrangement Act.
kko-other_1996_1219
Supreme Court dismisses debt arrangement application where debtor failed to prove insolvency under VJL 10 § 8.
kko-precedent_2012_42
Supreme Court dismisses debt restructuring due to criminal debt and failure to repay despite income.
kko-precedent_1997_100
Supreme Court allows debt restructuring despite past loan misrepresentations due to lack of intentional fraud and sudden income drop.
kko-other_1999_3592
Supreme Court dismisses appeal regarding debt restructuring eligibility under Finnish personal debt restructuring law.
Full text
Kysymys yksityishenkilön velkajärjestelystä annetun lain 10 §:n 4 kohdan esteestä.