The sentence of approval of the debt restructuring plan by the Court of Bari with the elimination of part of the debt
The story
It bears the signature of Dr. Marseglia Giuseppe, the sentence of approval of the Debt Restructuring Plan obtained from the Court of Bari.
The ruling appears to be very interesting from many aspects, aspects which will be analyzed more specifically below.
In the case, two spouses had their property up for auction as a result of the serious economic and sector crisis recorded in the construction sector from 2002 onwards.
As a result of the severe construction recession mentioned above, family income in fact recorded an unstoppable contraction, and this no longer allowed the family to regularly pay the mortgage installments taken out for the purchase of their first and only home.
The father of the family, the only income earner within the family unit at the time of the facts, in order to continue working, or try to ensure the family had at least a dignified standard of living, was also forced to ask for new loans in order to pay taxes.
However, the serious, prolonged and unexpected recession in the sector no longer made it possible to pay the mortgage installments regularly.
The new credit institutions, for their part, aware of the serious recession that was being experienced, and also aware of the unsustainability of the loan installment granted, required further mortgage guarantees on the property from the taxpayer.
Finally, they granted a specific loan, that is, the loan best known to all as a liquidity loan.
However, as could be expected, the man, unaware that the economic crisis he was going through would be much more serious in the following years, was no longer able to pay the installments of the new mortgage granted, installments much higher than the previous ones, so that the his property, immediately after the serious pandemic, and precisely in 2023, ended up at auction.
In a desperate attempt to save the property, the debtor turned to the undersigned lawyer to start an over-indebtedness procedure, specifically a debt restructuring plan.
In the appeal, all the irregularities and nullities found in the loans granted were highlighted, and the Delegated Judge was asked to restructure the family’s debt in a sustainable manner, with the death toll of a large part of the accumulated debts.
The sentence
The Delegated Judge, Dr. Giuseppe Marseglia, adhering without reservations to the historical reconstruction made by the undersigned lawyer on the genesis of the loans granted, a reconstruction also reported in the manager’s report, specifies in the sentence: “In fact, despite the economic imbalance experienced by the debtors for the reasons set out above, they were granted first in 2006 and subsequently in 2015, two special purpose mortgages with mortgage guarantee. With reference to the special purpose mortgage contracted in 2006, the claim of guarantee of a second degree mortgage and submission of a mortgage was indicative of an incorrect assessment of creditworthiness. this loan to the provisions of the land credit provided for by art. 38 TUB. Similar considerations also apply to the loans granted by BPB in 2009… Finally, the attitude of BPB with reference to the disbursement of the loan granted to the appellants appears worthy of criticism. 2015. Indeed, from the documentation produced in the documents it clearly emerges that, in the face of a lower income than in previous years, a mortgage was granted for an even higher amount. To aggravate the events described above, it is clear that BPB failed to cancel the mortgage in its favor resulting from the 2006 mortgage deed, despite the mortgage being repaid, with the consequence that any creditor had carried out the appropriate investigations to evaluate the initiation of enforcement procedures to the detriment of the debtors would have found a first and second degree mortgage in favor of BPB. For the reasons set out above, it is to be considered that Banca Popolare di Bari, for the purposes of granting the loans, did not take into account the creditworthiness of the debtors, assessed as required by art.68, with consequent application of the art. 69 co. 2 CCII towards the transferee company that succeeded it. PQM … approves the consumer plan presented”.
Download pdf Bari Court ruling
