The parents (now deceased) of a debtor of mine constituted years ago a patrimonial fund and at the same time donated him (in a spirit of liberality) to his son and daughter-in-law. Can I proceed against the debtor and for which routes (are in possession of an arbitration award, obtained prior to the establishment […]
What are the elements of the impignorability of the current account held by the spouse who is not a debtor in communion with the debtor spouse?
I am in communion of property with my wife, who with the activity she had contracted many debts. I have a checking account made out only to me on which I will pay an amount equal to half of the sale of our house. Any creditors, could even attack my account or the aforementioned […]
Is the revocatory action of creditors feasible for the sale of the debtor’s house 4 years before the Injunction?
My husband and I issued a surety in October 2012 in favor of my brother, for a mortgage loan granted by the bank to pay off his debts. With the amount obtained, the brother paid two installments (of 120) and then stopped. In April 2013, we sold a house (two joint apartments) to the […]
Donation and debts – What are the risks?
My father wants to make a donation of the house with the right of usufruct because he has 13 thousand euros of debts with the collection agency. My husband and I will be completing the first house next year. Can this donation affect any incentives / mortgage? As for the fees should I pay […]
Injunction for debt that would seem prescribed
I just received (November 2018) an injunction order for a debt contracted with a financial company (Linea) which was then sold twice to others (Locam and Itacapital of the Kruk group). The debt, of 10,500 euros, dates back to January 2002, I only paid it for 2,078 euros. I was sent only a few […]
I have debts and my father has excluded me from the estate with testament – Can my creditors require the reduction of the inheritance in my place?
In order to save my share of inheritance from any creditors I have, my father has excluded me from his will, leaving his assets to my sister, my mother, my daughter (her nephew) who will have to take charge of my maintenance. In doing so, of course, my legitimate share is damaged. My question […]
Bank transfer from the debtor to the family member – Is the ordinary revocation promoted by the creditor possible?
I lost a civil case and I was sentenced to pay compensation for the damage from the crime: the citation in question is from March 2012, while the sentence is dated March 2016. In 2013, from a current account in my name I transferred to a family member of the sums and shortly after […]
Consequences of the legal presumption of ownership for those living with a debtor
My question is related to the presumption of ownership: my partner following a tax injunction, must pay the tax bill delivered or respond to an act of enforcement of the assets, or to the seizure of assets allegedly his. I state that he lives in the house of my exclusive property, where nothing […]
Mortgage debt increased again
The new figures from Statistics Netherlands, on the finances of households, show that in the third quarter of 2018 the outstanding mortgage debt of households increased by 1 billion euros. As a result, the mortgage debt has risen seven quarters in a row. The total outstanding mortgage debt of households rose to EUR 702 billion […]
Debts and inheritance – I give up or do not give up?
Unfortunately I had a financial collapse following the bankruptcy of my sas and I would like to ask if the creditors can attack the house that my father donated with a notarial deed to my son leaving me the habitability. In the house in question me and my figio we have the residence and […]