§ 6-2. Revision (omgjøring) and cancellation (opphevelse) of a debt settlement (gjeldsordning) at the petition (begjæring) of a creditor (kreditor)

Gjeldsordningsloven·LOV-1992-07-17-99

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In brief

The text of the law (unofficial translation)

§ 6-2. Revision and cancellation of a debt settlement at the petition of a creditor (fordringshaver)

At the petition of a creditor whose claim is covered by the debt settlement, the court may revise a debt settlement if significant improvements occur in the debtor's financial position during the debt settlement period (gjeldsordningsperiode). If the improvement is a result of the debtor having received a larger sum, the sum may be distributed wholly or partly among the creditors without revision proceedings being initiated. If the debtor has received a refund in the tax assessment as a result of excess advance tax paid, the sum shall be distributed among the creditors if, as a result of the incorrect payment, they have received too small a dividend. If the incorrect payment has led to the debtor keeping less of their income than assumed in the debt settlement, the debtor shall keep the refund. The rule in the third and fourth sentences applies regardless of the size of the refund.
The court may also, at the petition of a creditor whose claim is covered by the debt settlement, revise a debt settlement if the debtor's home (bolig) has increased so much in value during the debt settlement period compared with the valuation under § 4-7 that, under the circumstances, it would be unreasonable towards the creditors if the debtor were to keep the entire increase in value. If such revision means that the home must be disposed of, the debtor is entitled to keep enough of the sale proceeds to be able to acquire another owned home which, with regard to size, standard, location etc., meets the reasonable needs of the debtor and the debtor's household (husstand).
If the debtor has been guilty of dishonesty or has grossly neglected their duties under the debt settlement, the court may, at the petition of a creditor whose claim is covered by the debt settlement, cancel the debt settlement.
Source: Lovdata — Gjeldsordningsloven (the Debt Settlement Act) § 6-2

What does this mean?

This section gives creditors whose claims are covered by the settlement the option of asking the court to change or end a debt settlement. The court can revise it if the debtor's finances improve significantly during the period. The debtor may have received a large one-off payment. In that case, all or part of the money can go to the creditors without revision proceedings being opened.

The tax settlement has its own rule. If the debtor gets a refund because too much advance tax was paid, the sum shall be distributed among the creditors if they received too small a dividend because of the error. If, on the other hand, the error led to the debtor keeping less than assumed, the debtor keeps the refund. Both rules apply regardless of how large the sum is.

The court can also revise the settlement if the home has increased so much in value, compared with the valuation (verdsetting) under § 4-7, that it seems unreasonable towards the creditors for the debtor to keep the entire increase. If the home must be sold as a result, the debtor is entitled to keep enough of the sale proceeds to make it possible to acquire a new owned home that meets the household's reasonable needs.

The most serious response is cancellation. If the debtor has been dishonest or has grossly breached their duties under the settlement, the court can cancel it at the petition of a creditor.

This section is the counterpart to § 6-1, where the debtor themselves asks for a change. Before the court examines the case, the debtor and affected creditors are given the opportunity to comment under § 6-3. Under § 6-4, the debtor must also notify the creditors and the enforcement officer (namsfogden) within a reasonable time when something may give grounds for revision. The deadlines are set out in § 6-5. Revision must be petitioned for while the period is running and within two months after the debtor has given such notice, while cancellation must be petitioned for within one year after the period has ended.

Related sections
All sections of the Debt Settlement Act →
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