Upadłość konsumencka jak ukończyć?

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Dodany: 2018-02-24
Kategoria: adwokat rzeszów

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Upadłość konsumencka jak ukończyć?

Upadłość konsumencka jak ukończyć?

W tej chwili sporo ludzi zadaje sobie wątpliwość, co to jest upadłość konsumencka. Być może te z nich, którym nie obce są kredyty i pożyczki słyszały trochę o tego typu instytucji prawnej. W łatwych słowach upadłość jesteśmy w stanie określić ogłoszeniem bankructwa. W praktyce, bowiem cały proces się do tego ogranicza. Do naszego systemu prawnego została ona wdrożona pod koniec roku 2009 (do tamtej chwili o upadłość mogły wnioskować jedynie podmioty prowadzące firmę).

W tej chwili upadłość konsumencka jest wykonalna również w przypadku osób prywatnych. Przesłanką do jej ogłoszenia jest argument niewypłacalności konkretnego konsumenta. Oznacza to, iż nie jest on w stanie płacić swych obecnych zadłużeń z zarobków, jakie to otrzymuje i niewielkie są możliwości na to, aby mógł to robić w bliskiej przyszłości. Klasycznym tego przypadkiem są sytuacje, w których jednostki padły ofiarą tzw. spirali kredytowej a raty zaciągniętych zadłużeń przewyższają ich dochody miesięczne. Zwrot długu w takich stosunkach jest praktycznie niewykonalna a co za tym idzie ostatecznym rozstrzygnięciem staje się upadłość konsumencka.

Żeby móc się o nią starać w 1szej kolejności należy zgromadzić całą dokumentację odnośnie do naszego długu i określić, na jaką kwotę jesteśmy faktycznie zadłużeni (w wielu wypadkach jest to znaczny problem dla zadłużonych). W dalszej kolejności powinniśmy wykazać przed sądem, że nasza niewypłacalność nie była przez nas zawiniona.

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