Rozdzielność majątkowa a upadłość konsumencka

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Dodany: 2017-12-27
Kategoria: adwokat rzeszów

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 Rozdzielność majątkowa a upadłość konsumencka

 Rozdzielność majątkowa a upadłość konsumencka

Na czas dzisiejszy wiele ludzi zadaje sobie wątpliwość, co to jest upadłość konsumencka. Możliwe, iż te z nich, którym nie obce są kredyty i pożyczki słyszały coś nie coś o tej instytucji prawnej. W prostych słowach upadłość jesteśmy w stanie określić obwieszczeniem bankructwa. W praktyce, bowiem cały proces się do tego sprowadza. Do naszego systemu prawnego została ona wdrożona pod koniec roku 2009 (do tamtej chwili o upadłość mogły się starać tylko podmioty prowadzące działalność gospodarczą).

W obecnej chwili upadłość konsumencka jest realna także w przypadku osób prywatnych. Podstawą do jej ogłoszenia jest okoliczność niewypłacalności danego konsumenta. To znaczy, że nie jest on w stanie regulować swych aktualnych zobowiązań z dochodów, jakie uzyskuje i niewielkie są szanse na to, żeby mógł to robić w bliskiej przyszłości. Klasycznym tego przypadkiem są sytuacje, w których jednostki padły ofiarą tzw. pętli kredytowej a raty zaciągniętych deklaracji przewyższają ich dochody miesięczne. Spłata długu w takich warunkach jest praktycznie niewykonalna a co za tym idzie jedynym wyjściem staje się upadłość konsumencka.

Żeby móc się o nią starać w 1szej kolejności należy zgromadzić całą dokumentację odnośnie do naszego zadłużenia i wskazać, na jaką kwotę jesteśmy faktycznie zadłużeni (w wielu przypadkach jest to istotny problem dla dłużników). W dalszej kolejności trzeba wykazać przed sądem, że nasza niewypłacalność powstała bez naszej winy.

Komentarze: 100


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