§ 3-6. Lapse of attachment liens (utleggspant) during debt negotiation (gjeldsforhandling)

Gjeldsordningsloven·LOV-1992-07-17-99

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The text of the law (unofficial translation)

§ 3-6. Lapse of attachment liens

Act of 8 June 1984 No. 59 relating to creditors' rights of recovery § § 5-8 applies correspondingly to debt negotiation under this Act. The cut-off date is the day debt negotiation is opened. The enforcement officer (namsfogden) shall ensure that the attachment (utlegg) is deleted from public registers after a debt settlement (gjeldsordning) has been adopted or confirmed by the court (stadfestelse) with final and binding effect. Attachments secured under the possessory pledge (håndpant) rule shall, during the debt negotiation period (gjeldsforhandlingsperiode), be secured under § 3-3 first paragraph.
Source: Lovdata — Gjeldsordningsloven (the Debt Settlement Act) § 3-6

What does this mean?

When debt negotiation is opened, an attachment (a security a creditor (kreditor) has obtained in your assets to secure its claim) may lapse under the rules in the Act relating to creditors' rights of recovery. The day the negotiation is opened is used as the starting point for calculating the deadlines. If the settlement has been adopted or confirmed by the court (retten) with no possibility of appeal, the enforcement officer ensures that the attachment is removed from the registers.

Attachments secured by a possessory pledge (a security where the creditor holds the item) shall in the meantime be secured in the same way as other securing of assets during the negotiation period, see § 3-3. The section therefore works together with the securing in § 3-3.

Related sections
All sections of the Debt Settlement Act →