Lenders

Donation and balance sheet – How can I take action against the debtor’s debtor?

  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 […]

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Lenders

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 […]

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Lenders

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 […]

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Lenders

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 […]

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Lenders

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 […]

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Lenders

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 […]

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