Experts – while evaluating the ministerial concept differently – concede that the planned law, if it goes into effect, will be the most important change for borrowers adopted in the current Sejm mandate. The act is to apply to all borrowers – also "zlotys". Simply put, the current situation means that most franchisees will benefit from it.
No apartment, no debt
The most comprehensive and at the same time obligatory only solution for loans taken in the future (after the entry into force of the law) is the implementation of the concept of "debt keys". Thus, a consumer who declares bankruptcy when giving up an apartment will not have to pay the remainder of the mortgage.
– A man who finds himself in a situation like the need to get rid of an apartment should make a new life. Hanging on it like a loop, debt makes it difficult, and often prevents – realizes Deputy Justice Minister Marcin Warchoł.
– Implementing the concept of "debt keys" will make mortgage lending more expensive, says legal counsel Jerzy Kozdroń, a former deputy justice minister. And he adds that although banks do not pity him, it is necessary to teach people that he is responsible for his debts.
– All those who claim that loans are worsening or that banks can not afford the changes we plan, I refer you to read the financial results of the banking sector. Banks carry some risk for business, and it is not unusual for them to also act in accordance with the principle of social justice, "responds Marcin Warchoł.
Some experts, however, find the key issue to be careful about the morality of payment. You can not teach citizens that a bad financial situation is enough for the debt to be forgiven. Dr. Patryk Filipiak, defense counsel and senior partner at the law firm FilipiakBabicz, recalls that currently the installments resulting from the payment plan (which fell after the apartment was returned for a maximum period of three years to repay the lender in most cases ) are adapted to the consumer's earning potential.
"The repayment plan for two or three years has an important educational function," says Dr. Filipiak.
Therefore, in the opinion of the lawyer, a better option than to recover all the liabilities in return for "returning the keys" to the apartment would be to establish low monthly installments so that they did not represent an excessively significant financial burden for the bankrupt, but also felt the consequences of your previous actions.
Another option indicated by dr. Filipiak: If the payment plan should not be there, it pays to think, for example, of introducing a trial period during which the bankrupt could not incur excessive liabilities.
The consumer system will be more important to current borrowers. It is also applicable to loan agreements already completed. The creation of the Ministry of Justice is such that, during bankruptcy proceedings, the court may decide on a temporary reduction (up to five years) of the installments. Judges will also be entitled to convert the loan. They will independently evaluate whether the conversion should occur at the current lending rate or exchange rate.
Minister Marcin Warchoł indicates that the designer wants to solve the problem, which we wrote several times in the DGP. We have shown that current regulations in the field of bankruptcy law are unfavorable to policyholders because of the conversion of liabilities at the current exchange rate. While more and more courts are saying that the bank does not have the right to convert the value of the liability when the loan is indexed in franc, according to the current exchange rate. The problem is that they come to such observations in civil cases. None of these analyzes is performed in bankruptcy proceedings. It is often enough that the bank does not agree to reduce the amount of installments or conversion and the entire procedure is carried out in the mind of the corporation.
– The court will have a certain decision. It should evaluate, among other state consumer material. The general rule should be that bankruptcy does not lead to bankruptcy – says Warchoł.
Some, however, are not convinced. Robert Mazur, managing partner of the Mazur i Wspólnicy law firm, which represents the franchisees in front of the courts, notes that the aid being prepared would be rather perverse. It is assumed that the sausages really owe money to the banks. While – as he argues – it is not so.
"I do not see why the borrowers declared bankruptcy and given housing, since they had paid installments for many years, often paying more than the value of the apartment. After all, they paid the money objectively, and the bank took them objectively – emphasizes the lawyer. And he adds that the problem of franchising is not unfavorable bankruptcy regulations, but the use by banks of prohibited contractual clauses and the collection of money on their basis.
– It is enough when all apply properly existing regulations, which, in my opinion, work as they should, which is best evidenced by valid decisions favorable to ex-frankkowicz – concludes Robert Mazur.
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