Questão jurídica principal
Whether an excessively high rent may be reduced in the minimum-subsistence calculation despite a long-term lease when the debtor knowingly chose unaffordable housing while already exposed to enforcement measures.
Decisão extraída
Yes. The rent could be reduced because the debtor had chosen an unaffordable apartment in awareness of existing or imminent wage garnishment, making the full rent unreasonable for minimum-subsistence purposes.
Fundamentação extraída
A debtor who is already being pursued or who can expect imminent wage garnishment must not choose overly expensive housing and then insist on the full rent being counted in the subsistence minimum. The conduct was treated as abusive, and the actual excessive rent was therefore not to be taken into account.