Facts
On March 19, 2013, A. concluded a loan contract of 105,000 francs with B. SA, which he undertook to repay in 72 monthly installments. In January and December 2015, the bank refused A.'s proposal to repay the debt at a rate of 500 francs per month. On March 17, 2016, the bank initiated enforcement proceedings for the unpaid balance of 82,633 francs 70. On February 24, 2017, the Enforcement Office of Geneva notified D. that a garnishment of income had been executed to the detriment of the debtor.
On January 29, 2018, A. filed a declaration of insolvency with the Court of First Instance of Geneva, which was rejected by that authority on February 8, 2018. On the following April 10, the Court of Justice of the Canton of Geneva dismissed A.'s appeal.
Considerations
The Federal Court confirmed the rejection of A.'s declaration of insolvency, considering that it was abusive. Indeed, A. had requested bankruptcy in order to terminate the garnishment of his income and be able to receive all his income again, which was intended to disadvantage his sole creditor and cause him harm.
The Court recalled that voluntary bankruptcy under Art. 191 DEBA is not a procedure aimed at resolving the over-indebtedness of individuals, but that it is limited by the abuse…