Training and job search requirement in the statutory debt restructuring scheme

As a rule, a debtor who has been admitted to the statutory debt restructuring scheme (Wsnp), if he or she is not working full-time, must actively apply for work. After all, that person must do everything possible to maximize proceeds for creditors during the limited term of the debt restructuring arrangement.

In the case that led to the Supreme Court ruling of June 30, 2017, a debtor had been admitted to the Wsnp who had just started a full-time education. Full-time work is usually impossible in such cases, so the term of an arrangement is sometimes extended to compensate for not being available for work full-time.

All obligations met, still renew?

In the article I wrote about this case for Wsnp Periodiek, you can read that the debtor had complied with her obligations arising from admission to the Wsnp during the period of the arrangement. The supervisory judge had only imposed a limited obligation to apply for a job. Nevertheless, the administrator proposed a two-year extension at the end of the arrangement in order to compensate for the debtor's full-time education. The court agreed with the administrator and extended the arrangement for two years. The debtor did not agree. Understandable, since she had demonstrably fulfilled all obligations. The Supreme Court had to step in to explain on what grounds extension at the end of the arrangement is possible. The title of the article gives it away: in this case there were no grounds for extension.