Upadłość konsumencka a sprzedaż

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Dodany: 2018-02-23
Kategoria: adwokat rzeszów

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Upadłość konsumencka a sprzedaż domu

W tej chwili sporo osób zadaje sobie zapytanie, co to jest upadłość konsumencka. Być może te z nich, którym nie obce są kredyty i pożyczki słyszały coś nie coś o takiej instytucji prawnej. W zwyczajnych słowach upadłość jesteśmy w stanie określić ogłoszeniem bankructwa. W praktyce, bowiem cały proces się do tego ogranicza. Do naszego systemu prawnego została ona wprowadzona z końcem roku 2009 (do tamtej chwili o upadłość mogły się starać tylko i wyłącznie podmioty prowadzące działalność gospodarczą).

W tym czasie upadłość konsumencka jest realna również w sytuacji osób niekomercyjnych. Podstawą do jej ogłoszenia jest argument niewypłacalności danego konsumenta. To znaczy, że nie jest on w stanie spłacać swoich aktualnych zadłużeń z zarobków, jakie to dostaje i niewielkie są szanse na to, żeby mógł to czynić w bliskiej przyszłości. Kapitalnym tego przykładem są sytuacje, w których jednostki padły ofiarą tzw. pętli kredytowej a raty zaciągniętych zadłużeń przewyższają ich dochody miesięczne. Zwrot zadłużenia w tego rodzaju warunkach jest praktycznie niewykonalna a co za tym idzie ostatecznym rozwiązaniem staje się upadłość konsumencka.

Aby móc się o nią starać w pierwszej kolejności trzeba zgromadzić całą dokumentację odnośnie naszego długu i określić, na jaką kwotę jesteśmy faktycznie zadłużeni (w wielu wypadkach jest to znaczny kłopot dla zadłużonych). W następnej kolejności trzeba wykazać przed sądem, iż nasza niewypłacalność nie była przez nas zawiniona.

Komentarze: 100


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