Upadłość konsumencka dla mających wątpliwości

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Dodany: 2018-02-18
Kategoria: adwokat rzeszów

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Upadłość konsumencka dla mających wątpliwości

Upadłość konsumencka to instytucja ustawowa, jaka do polskiego ustawodawstwa została wprowadzona pod koniec roku 2009. Procedury odnośnie jej wykorzystywania znajdują się w ustawie o prawie upadłościowym i naprawczym. Wskazane jest w tym miejscu wskazać, że do tej pory z możliwości ogłoszenia upadłości mogły korzystać tylko przedsiębiorstwa. Jednakże na chwilę obecną jest to również dopuszczalne w przypadku podmiotów prywatnych. Jej przeprowadzenie nie jest prostym zadaniem, wymaga fachowej wiedzy prawnej i dużej wytrwałości (całe postępowannie łącznie z przeprowadzeniem planu spłaty może potrwać nawet ponad trzy lata).

Jakkolwiek upadłość konsumencka w bardzo wielu przypadkach jest znakomitą opcją dla osób, które mają już postępowanie egzekucyjne. Na tego typu stan rzeczy wpływa sporo wytycznych. Musimy, bowiem wiedzieć, że egzekucja komornika mieści w sobie poważne wydatki (płacimy za koszty egzekucyjne, koszty zastępstwa w postępowaniu egzekucyjnym itd.) a oprócz tego w wielu przypadkach z tego, co nam ściąga komornik niepokrywane są chociażby odsetki od głównej kwoty naszego zadłużenia a co za tym idzie nasze zadłużenie zamiast maleć jeszcze wzrasta. Taka droga prowadzi donikąd.

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

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