§ 3-7. When the enforcement authorities must dismiss the case

This section sets out when a debt case must be ended without a debt settlement during the debt negotiation period. To dismiss the case means to end it. This must happen immediately if circumstances come to light that must be assumed to stand in the way of a debt settlement, either because something has happened along the way or because something has emerged that was not known before.

Who decides depends on who opened the negotiation. If the enforcement officer opened it, the enforcement officer can dismiss the case, by written decision. This can only happen when it is obvious that an obstacle exists. If, on the other hand, the court opened it, the enforcement officer refers the case to the court. The court decides by court ruling, and the circumstances on which the dismissal is based must be stated.

The debtor is entitled to give their views before the decision. An appeal and an appeal to a higher court have suspensive effect, which means that the decision does not take effect while the appeal is being dealt with. If a decision on dismissal is reversed, the debt negotiation period can be extended by the time the dismissal proceedings delayed the case, if necessary.

The enforcement officer may then have to consider dismissal. The debtor first gets to give their opinion. If the opening was made by the court, it is the court that decides.

This section is the last one in chapter 3 on the debt negotiation period, after the opening in § 3-1 and the public notice (kunngjøring) in § 3-2. The period is shaped by the payment suspension (betalingsutsettelse) in § 3-4 and the obligations in § 3-5. Protection of assets and wage deductions are covered in § 3-3, and the lapse of attachment liens (utleggspant) in § 3-6.