Dodany: 2018-02-22
Kategoria: adwokat rzeszów
Kiedy upadłość konsumencka jest prawdopodobna?
Wiele ludzi dzisiaj (a w szczególnie osób zadłużonych) zadaje sobie pytanie, co to jest upadłość konsumencka. Odpowiedź może być krótka albo bardzo wydłużona. Z kolei poniższy post mam nadzieję odpowie na wszystkie intrygujące Cię sprawy kwestie. Przede wszystkim możemy stwierdzić, że jest to nie mniej nie więcej tylko ogłoszenie bankructwa w sytuacji, gdy dojdziemy do wniosku, iż jesteśmy niewypłacalni a ciągłe spłacanie naszego długu jest niemożliwe (np. sumy rat przewyższają w znacznym stopniu nasze zarobki).
Podstawowym motywem przy obwieszczaniu upadłości jest to, aby nasza niewypłacalność nie była przez nas zawiniona. Znaczy to, iż zadłużenie powstało obiektywnie bez naszej świadomej winy (np. padliśmy ofiarą krętaczy kredytowych, którzy podpisali z nami umowę pożyczki gdzie wysokość odsetek stanowi lichwę). Nasza sprawa jest analizowana przez sąd rejonowy ze względu na miejsce naszego zamieszkania. Do niego kierujemy właśnie wniosek.
W toku procedury upadłościowej sąd analizuje naszą sytuację finansową, kontroluje wiarygodność przedstawionych dokumentów i ostatecznie decyduje o tym czy wydać orzeczenie o ogłoszeniu upadłości w stosunku do naszej osoby. Powinniśmy wiedzieć, iż w żadnym razie nie możemy sobie zezwolić na ukrywanie majątku i innego tego rodzaju ruchy. Może to, bowiem przekreślić nasze szanse na obwieszczenie bankructwa na wiele lat.
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