Natural persons placed at disadvantage

If the debtor is a natural person, then it is to be assumed, in cases of doubt, when conducting an assessment as to whether he or she will presumably be placed at a disadvantage in accordance with section 245 (1) no. 1, that the debtor’s income, asset and family situation at the time of the vote on the insolvency plan remains relevant throughout the proceedings and the period in which the insolvency creditors are able to assert their remaining claims against the debtor to an unlimited degree. If the debtor has made an admissible request for residual debt discharge, then in cases of doubt it is also to be assumed that the residual debt discharge will be granted at the end of the assignment period set out in section 287 (2).