Upadłość konsumencka a wypłata renty

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Dodany: 2018-02-18
Kategoria: adwokat rzeszów

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Upadłość konsumencka a wypłata renty

Upadłość konsumencka to instytucja prawna, która to do naszego prawodawstwa została wprowadzona pod koniec roku 2009. Zasady odnośnie jej wykorzystywania 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 przedsiębiorstwa. Jednakże aktualnie jest to również wykonalne w wypadku podmiotów prywatnych. Jej zorganizowanie nie jest prostym zadaniem, wymaga profesjonalnej wiedzy prawnej i dużej wytrwałości (całe postępowannie łącznie z wykonaniem procedury spłaty może potrwać przeszło trzy lata).

Jakkolwiek upadłość konsumencka w bardzo wielu przypadkach stanowi znakomitą alternatywę dla osób, które mają już postępowanie egzekucyjne. Na ten stan rzeczy odziałuje wiele zmiennych. Musimy, bowiem wiedzieć, iż egzekucja komornika niesie ze sobą poważne nakłady (płacimy za koszty egzekucji, koszty zastępstwa w procedurze egzekucyjnej itd.) a oprócz tego częstokroć z tego, co nam zabiera komornik niepokrywane są nawet odsetki od kapitału naszego zadłużenia a co za tym idzie nasz dług zamiast zmniejszać się jeszcze przyrasta. Jest to ścieżka donikąd.

Upadłość konsumencka niweluje ten kłopot. Wówczas gdy się na nią zdecydujemy to sąd wyznacza nam osobę syndyka, który z kolei przygotowuje schemat spłat. Spłacanie zobowiązań trwa najwyżej 3 lata a po tym okresie nieuregulowane zobowiązania podlegają procedurze umorzenia. Oznacza to, iż nikt już może ich od nas sciągać.

Komentarze: 100


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