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Greece Bankruptcy & Debt Legal Questions answered by Lawyers

Browse our 1 legal question about Bankruptcy & Debt in Greece and the lawyer answers, or ask your own questions for free.

Legal assistance to communicate on behalf of a debtor with Debt Collection Agency in Athens, Greece
Bankruptcy & Debt Debt & Collection
Credit card debt was sold by the initiating bank to a debt collection company many years ago. Their attempts at making contact have been ignored by the debtor until now. A lawyer is required to negotiate on behalf of the debtor
Lawyer answer by Law Office Attorney SVETISLAV STOJANOSKI, LL.M.

ReI am from North Macedonia neighbor country of Greece, I can give you legal assistance to communicate with them. Regards, Svetislav Stojanoski Attorney at law

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1 answer

1. About Bankruptcy & Debt Law in Peristeri, Greece

In Peristeri, as in the rest of Greece, debt and insolvency matters are governed by the national framework for Bankruptcy and Insolvency. The core of this framework is the Insolvency Code introduced by Law 4738/2020, which covers both individuals and businesses seeking debt relief or restructuring. Local courts in the Athens metropolitan area, including procedures impacting Peristeri residents, apply these rules under civil procedure and enforcement provisions.

Practicing in Peristeri means navigating filings, creditor communications, and possible court appearances within the Attica judicial region. A Greek lawyer can help you assess eligibility, prepare required documents, and communicate with creditors. Understanding the landscape of debt relief, restructuring options, and discharge procedures is essential before taking formal steps.

Key point: the Insolvency Code aims to balance creditor rights with debtor relief, emphasizing restructuring where possible and discharge where appropriate. This mirrors EU guidance on restructuring and discharge for individuals and small businesses.

Source: gov.gr notes on the Greek Insolvency Code and related procedures.
Source: eur-lex.europa.eu provides the EU framework and its harmonization with national Greek insolvency law.

2. Why You May Need a Lawyer

  • Scenario 1: You are a Peristeri resident with mounting unsecured debts to multiple banks after a job loss. A lawyer can determine if you qualify for personal insolvency relief under the Insolvency Code and help you prepare a feasible restructuring plan. This often reduces collection pressure from creditors and may enable a structured repayment schedule.

  • Scenario 2: Your small business in Peristeri faces pressure from suppliers and tax authorities. An attorney can explore pre-insolvency arrangements and potential debt refinancing options to avoid abrupt liquidation. They can also represent you in negotiations with creditors to preserve the business’s operations.

  • Scenario 3: You face foreclosure or wage attachments in Attica due to debt collection. A lawyer can explain temporary protections, enforceable deadlines, and how to apply for restructuring or discharge while protecting essential income and housing rights.

  • Scenario 4: A consumer loan or credit card debt has become unmanageable. A solicitor can assess eligibility for consumer debt relief under the Insolvency Code and help you file the correct petitions and disclosures with the court.

  • Scenario 5: You co-signed a loan for a family member and their insolvency could expose you to liability. A Greek lawyer can advise on co-signer rights, potential release from joint obligations, and creditor actions.

  • Scenario 6: You need precise documentation for credit counseling, debt adjustments, or potential settlement offers. A qualified δικηγόρος (lawyer) can draft and review settlements to ensure enforceability and protect your rights under Greek law.

3. Local Laws Overview

  • Insolvency Code - Law 4738/2020 (Κώδικας Αφερεγγυότητας). This is the primary modern framework for restructuring, debt relief, and discharge for individuals and companies in Greece. It introduces new procedures and criteria for eligibility and outlines creditor rights during the process. Effective in 2021 with transitional provisions for ongoing cases.

  • Civil Code and related enforcement provisions (Αστικός Κώδικας and Κώδικας Πολιτικής Δικονομίας). These establish general rules for obligations, contracts, and enforcement actions such as seizures and attachments. They remain relevant for debt matters that fall outside insolvency procedures and for understanding creditor remedies.

  • EU Directive 2019/1023 transposed into Greek law (Restructuring and Recovery of Insolvent Debtors). Greece implemented directives to harmonize national rules with EU standards for restructuring, early warning, and discharge. This context helps shape available options in Peristeri for individuals and small businesses.

Recent trend: Greece has emphasized structured restructuring and out-of-court solutions alongside formal insolvency filings. This shift aims to reduce liquidation rates and preserve business activity where feasible. For individuals, the framework supports debt relief while ensuring fair treatment of creditors.

Source: gov.gr overview of the Insolvency Code and related procedures.
Source: eur-lex.europa.eu regarding EU directives on restructuring and insolvency and their transposition into Greek law.

4. Frequently Asked Questions

What is the Insolvency Code in Greece and who qualifies?

The Insolvency Code is the main law governing debt relief and restructuring. It applies to individuals and businesses with overdue debts, subject to specific eligibility criteria and limits. A lawyer can explain whether you meet the conditions for relief in Peristeri.

How do I start bankruptcy proceedings in Peristeri Greece?

You begin by consulting a local δικηγόρος (lawyer) who will assess your finances. They prepare the petition and required documents and file with the competent court in Attica. The process includes creditor meetings and potential court approval of a restructuring plan.

Do I need a δικηγόρος to file for bankruptcy?

Yes. A licensed lawyer familiar with Greek insolvency procedures is essential. They help with eligibility, documentation, creditor communications, and representation in court. In Peristeri, a local lawyer is best positioned to coordinate with the relevant court offices.

Can individuals apply for debt relief under Greek law?

Yes. Individuals may pursue debt relief through the Insolvency Code, which can provide restructuring options and, in some cases, discharge of residual debts. Eligibility depends on debt type, income, and assets, among other factors.

What is the difference between bankruptcy and debt restructuring?

Bankruptcy often focuses on discharge of debts and liquidation under court supervision. Debt restructuring aims to reorganize obligations through approved plans with creditors. The Insolvency Code encourages restructuring where feasible and discharge when appropriate.

How long does a typical bankruptcy process take in the Attica region?

Duration varies by complexity, court caseload, and whether a plan is approved. Simple consumer cases may conclude within several months; more complex business restructurings can extend to a year or more. Your attorney can provide a realistic timeline.

How much does it cost to hire a bankruptcy lawyer in Peristeri?

Costs depend on case complexity and the lawyer’s fee structure. Some lawyers bill hourly, others offer flat fees for initial consultations, and there may be court filing fees. Ask for a written estimate during the initial meeting.

What documents are required to file for insolvency?

You typically need proof of income, list of debts, asset information, bank statements, and documentation of creditors. Your lawyer will provide a tailored checklist based on your situation in Peristeri.

Is my primary residence protected during bankruptcy?

Protection of housing depends on the type of filing and applicable exemptions under Greek law. Your attorney will explain whether your home may be at risk and what protections or allowances apply in your case.

Should I try an out-of-court settlement first?

In many cases, an out-of-court settlement with creditors is advisable. It can reduce costs and time, while still enabling a formal restructuring if negotiations fail. A lawyer can help you negotiate a workable agreement.

Do I need to appear in court for bankruptcy in Greece?

Often yes, especially for hearings related to petitions, allowances, and plan approvals. Your lawyer can prepare you for court appearances and accompany you if permitted by the court rules in Peristeri.

What happens after discharge from bankruptcy?

Discharge releases you from eligible remaining debts, subject to conditions. It does not erase all obligations, such as certain taxes or child support. A lawyer can explain the scope of discharge in your case.

Can a bankruptcy filing affect my co-signed obligations?

Yes. Co-signers may remain liable for debts. A lawyer can advise on whether releases or modifications apply and how creditors may pursue co-signers after a primary debtor’s filing.

5. Additional Resources

  • Gov.gr - Official government portal with information on insolvency procedures, forms, and administrative steps. Visit gov.gr

  • Hellenic Parliament - Provides texts of laws, including the Insolvency Code and amendments. Visit parliament.gr

  • Bank of Greece - Official source for consumer credit information, supervision of financial institutions, and debt-related market data. Visit bankofgreece.gr

6. Next Steps

  1. Identify your goals and decide whether you want debt relief, restructuring, or a combination of both. Set a realistic outcome with respect to housing, income, and business continuity.

  2. Gather key documents: debts, income, bank statements, asset lists, and any court or creditor communications. Organize them by creditor and type of debt.

  3. Find a local Peristeri lawyer who specializes in Bankruptcy & Debt law. Ask for recent client references and a clear fee structure. Schedule a 60-minute initial consultation.

  4. Attend the consultation and get a written plan outlining options, timelines, and costs. Confirm the court route and potential settlement paths.

  5. Choose a path (insolvency filing or negotiation with creditors) and begin the formal process with your lawyer. Expect an initial filing window of 2-6 weeks depending on complexity.

  6. Prepare and file the required petitions or settlement proposals with the competent court in Attica. Your lawyer will coordinate creditor notifications and hearings.

  7. Monitor progress, respond to creditor questions, and comply with court-ordered deadlines. Schedule regular check-ins with your attorney to adjust the plan as needed.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.