Can I be denied discharge of residual debt because of this?
It’s pretty much the most frustrating thing that can happen to a bankrupt: Die Refusal of discharge of residual debt. It means that after the multi-year bankruptcy has expired, no debts are canceled. The bankruptcy was run through “for free” and a new bankruptcy is usually necessary to discharge the debt.
With regard to taking out loans, the following should first be noted:
The fact that a loan is taken out alone does not mean that the remaining debt will not be refused. However, this is not excluded either. She is eligible if two requirements are fulfilled:
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A unreasonable commitment exists if, with regard to the individual life situation of the debtor, they are outside of a comprehensible use. This is especially the case when the liabilities (e.g. the loan) of the contradict economic reason.
Here are a few Examples in the next section:
Examples:
Whether the borrowing represents an unreasonable liability must always be assessed on a case-by-case basis. For this three examples:
1st example: The debtor A needs a vehicle to carry out his professional activity. When his vehicle is totaled, he has no choice but to finance an affordable used car with a loan. In this case, the discharge of residual debt will not be refused – on the contrary: the fact that the debtor can continue to practice his profession benefits his creditors above all. On the other hand, if he loses his job, he can no longer pay monthly fees.
2nd example: Debtor A has hardly any liquid funds at the time. When the domestic refrigerator to break So he buys a cheap model from a mail order company for € 100 and pays it off in ten installments. Again, the liability will not be classified as “inappropriate”. (You may even have the option of a loan from the job center or social welfare office)
3rd example: Debtor A tries to conceal from his partner that he has financial problems. To impress her, he finances her to buy a new mini convertible. He uses the vehicle now and then to drive to the office – but he could take a 30-minute bus ride instead. There is an inappropriately binding obligation here, as it is incomprehensible in his financial situation and is also not necessary for the exercise of his profession.
So you see, the question of whether a loan can be taken out during bankruptcy is always dated Individual case dependent. In case of doubt, however, you should refrain from doing so, because there is a risk of refusal to discharge the remaining debt:
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