Upadłość konsumencka a wypłata emerytury

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Dodany: 2018-02-24
Kategoria: adwokat rzeszów

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Upadłość konsumencka a wypłata emerytury

Upadłość konsumencka to instytucja ustawowa, jaka do polskiego prawodawstwa została umieszczona pod koniec grudnia 2009. Normy odnośnie jej wykorzystywania mieszczą się w ustawie o prawie upadłościowym i naprawczym. Warto w tym miejscu określić, że do tej pory ze sposobności ogłoszenia upadłości mogły korzystać tylko i wyłącznie podmioty prowadzące działalność gospodarczą. Jednakże teraz jest to także możliwe w wypadku konsumentów. Jej zorganizowanie nie jest prostym zadaniem, wymaga profesjonalnej wiedzy prawnej i dużej wytrwałości (całe postępowannie łącznie z wykonaniem planu spłaty może trwać nawet ponad trzy lata).

Aczkolwiek upadłość konsumencka w bardzo wielu przypadkach jest idealną opcją dla jednostek, które mają już egzekucję komorniczą. Na ten stan rzeczy wpływa sporo wytycznych. Musimy, bowiem wiedzieć, iż egzekucja komornika mieści w sobie znaczne wydatki (płacimy za koszty egzekucji, koszty zastępstwa w postępowaniu egzekucyjnym itd.) a oprócz tego niejednokrotnie z tego, co nam ściąga komornik niepokrywane są nawet odsetki od kapitału naszego zadłużenia a co za tym idzie nasze zadłużenie zamiast zmniejszać się jeszcze narasta. Taka droga prowadzi donikąd.

Upadłość konsumencka rozwiążuje ten problem. Gdy się na nią zdecydujemy to sąd przydziela nam osobę syndyka, który z kolei sporządza schemat naprawczy. Spłata zadłużeń trwa najwyżej 3 lata a po tym okresie nieuregulowane zobowiązania podlegają umorzeniu. Znaczy to, iż nikt już może ich od nas egzekwować.

Komentarze: 100


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