Upadłość konsumencka prowadzona w praktyce

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Dodany: 2017-12-27
Kategoria: adwokat rzeszów

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Upadłość konsumencka prowadzona w praktyce

Upadłość konsumencka prowadzona w praktyce

Upadłość konsumencka to instytucja ustawowa, jaka do polskiego prawodawstwa została umieszczona pod koniec grudnia 2009. Regulacje odnośnie jej stosowania mieszczą się w ustawie o prawie upadłościowym i naprawczym. Wskazane jest w tym miejscu określić, iż do tej pory ze sposobności ogłoszenia upadłości mogły korzystać tylko firmy. Jednakże na chwilę obecną jest to także wykonalne w przypadku podmiotów prywatnych. Jej przeprowadzenie nie jest łatwym zadaniem, wymaga profesjonalnej wiedzy prawnej i sporej wytrwałości (całość postępowania łącznie z wykonaniem procedury spłaty może potrwać przeszło trzy lata).

Aczkolwiek upadłość konsumencka w bardzo wielu przypadkach jest doskonałą szansą dla jednostek, które mają już postępowanie egzekucyjne. Na taki stan rzeczy odziałuje masa zmiennych. Musimy, bowiem wiedzieć, że egzekucja komornicza mieści w sobie znaczne wydatki (płacimy za koszty egzekucyjne, koszty zastępstwa w postępowaniu egzekucyjnym itd.) a prócz tego w wielu przypadkach z tego, co nam bierze komornik niepokrywane są nawet odsetki od kapitału naszego zadłużenia a co za tym idzie nasze zadłużenie zamiast maleć jeszcze wzrasta. Taka droga prowadzi donikąd.

Upadłość konsumencka niweluje ten problem. Gdy się na nią zdecydujemy to sąd wyznacza nam osobę syndyka, który z kolei sporządza plan spłaty. Spłata zobowiązań trwa najwyżej 3 lata a po tym czasie nieoddane zobowiązania podlegają procedurze umorzenia. Oznacza to, że nikt już może ich od nas sciągać.

Komentarze: 100


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