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The reasons for rejection of applications in the out-of-court debt settlement mechanism:
By Eva I. Garmpi
on 16/08/2024

Why Banks May Refuse to Restructure Your Debts:

When someone attempts to restructure their debts through an out-of-court procedure, it's not certain that the bank will accept the arrangement. There are many reasons why such a request may be rejected. Let’s look at the most common ones:

  • The debtor's current financial situation: If the debtor cannot prove that they can pay the new installments they propose, the bank may refuse.
  • Payment history: If the debtor has a history of payment delays, the bank may consider them unreliable.
  • Amount of debt: For very large debts, a restructuring may not be feasible.
  • The nature of the debt: If the debt resulted from illegal activities, the bank is not obligated to restructure it.
  • Involvement of other creditors: If there are other creditors involved, they all must agree to the restructuring.
  • If a restructuring has already been made: If there is already an active arrangement, unless excluded by the applicant under the law’s conditions, creditors may not accept the out-of-court restructuring.
  • If the debtor is bankrupt or in liquidation proceedings.

In simple terms:

The bank considers many factors before deciding whether to accept a restructuring proposal. It is important for the debtor to be cooperative and submit a realistic proposal.

What should someone do if their application is rejected?

If your application is rejected, you can submit a counteroffer either within the framework of the out-of-court procedure or through direct bilateral negotiation with the respective creditor.

Advice:

It is important to consult a lawyer specializing in debt matters to assist you throughout this process.

The information presented is based on the data available at the time of writing. There is no commitment to update or modify the text after the initial publication. The user bears full responsibility for assessing and using the information. Provision of legal advice or assumption of liability towards third parties is limited to clients who have entered into a relevant cooperation with the office.

 

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