Upadłość konsumencka na warunkach osiągalnych dla zwykłego

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Dodany: 2018-02-23
Kategoria: adwokat rzeszów

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 Upadłość konsumencka na warunkach osiągalnych dla zwykłego Malinowskiego

Upadłość konsumencka to instytucja stosunkowo innowacyjna w polskim prawie upadłościowym. Konieczność jej wprowadzanie była postulowana przez wiele lata przez praktyków i teoretyków polskiego prawodawstwa. W tymże momencie po wprowadzonej przy ostatnim czasie nowelizacji upadłość konsumencka jest jeszcze bardziej dostępna dla przeciętnego Kowalskiego, który ma poważne problemy ze spłatą swoich zaciągniętych deklaracji. Kwestią podstawową jest argument, że dana osoba popadła w stan niewypłacalności i nie jawi się być w stanie terminowo regulować swoich zobowiązań. Kolejnym czynnikiem jest okoliczność jakim sposobem doszło do powstania wiadomego stanu niewypłacalności. Zasadnicza jest, bowiem różnica między osobą, która bezwiednie zaciągała kredyty na zachcianki życiowe (np. nowy telewizor plazmowy aż do salonu albo egzotyczne urlop w tropikach) od jednostki, która w skutek np. wypadku samochodowego została inwalidą, otrzymała niewielką rentę i nie może spłacać zaciągniętych długów. Upadłość konsumencka jest szansą dzięki powrót do normalnego życia bez komorników i natarczywej windykacji. W tym chwili złożenie wniosku o obwieszczenie upadłości konsumenckiej łączy się z pokryciem kosztów sądowych rzędu tylko 30 złotych (wcześniej było to aż tysiąc złotych). Dlatego również osób, które skorzystały wraz z takiego rozwiązania jest wraz z każdym miesiącem w naszym własnym kraju coraz więcej.

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