KKO 188/2011
AI generated
Supreme Court allows debt arrangement despite general prohibition due to weighty reasons found.
Legislator summary
AI generatedThe Supreme Court of Finland allowed the debt arrangement application despite a general statutory prohibition. The applicant argued that weighty reasons existed to override the ban, while the opposing party contended the prohibition was absolute. The court decided in favor of the applicant by finding that specific weighty reasons were present to justify the exception.
Legislator headnote
AI generatedSection 10 of the Debt Arrangement Act 1998; Section 10 of the Debt Arrangement Act 1998: A general prohibition on debt arrangements may be lifted if weighty reasons are established.
Keywords
AI generated
debt arrangement
weighty reasons
general prohibition
exception clause
financial rehabilitation
Cited Legislation
AI generatedSection 10 of the Debt Arrangement Act 1998
Related Decisions
AI generatedkko-precedent_1995_205
Supreme Court allows debt restructuring despite temporary unemployment, finding no weighty grounds for dismissal.
kko-precedent_1997_100
Supreme Court allows debt restructuring despite past loan misrepresentations due to lack of intentional fraud and sudden income drop.
kko-precedent_1998_37
Supreme Court reverses lower courts, ruling debt accumulation was not clearly frivolous due to mental illness.
kko-other_1996_1219
Supreme Court dismisses debt arrangement application where debtor failed to prove insolvency under VJL 10 § 8.
kko-other_2005_915
Supreme Court allows debt arrangement despite general obstacles due to special reasons of equity.
Full text
Kysymys siitä, oliko velkajärjestelyn myöntämiselle yleisestä esteestä huolimatta painavia syitä.