A credit agreement can only be declared reckless if the consumer is over-indebted. If the debtor advisor finds that the consumer is not over-indebted but considers that one or more credit agreements are ruthless, these agreements should not be declared ruthless. Credit providers can therefore still impose credit agreements that are indeed ruthless, but they should not be formally declared ruthless. The crucial role of credit in the economy is explained in the framework of the Ministry of Trade and Industry of August 2004: separate credit agreements are not covered by the definition of credit agreements in the law. Section 5 sets out the limited provisions of the Act applicable to them. When a court declares that a particular credit agreement is ruthless, it must also decide whether or not the consumer is over-indebted at the time of the legal proceedings. .