Upadłość konsumencka ratunek dla zadłużonych

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Dodany: 2018-02-21
Kategoria: adwokat rzeszów

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Upadłość konsumencka ratunek dla zadłużonych

Przeglądając fora o problematyce finansowej i kredytowej coraz systematyczniej możemy się natknąć na pytanie, co to jest upadłość konsumencka. W tym krótkim paragrafie będę się starać rzucić odrobinę światła na przedmiotowe zagadnienie. W nieskomplikowanych słowach możemy, bowiem mówić o ogłoszeniu bankructwa. Instytucja ta była znana już wcześniej w rodzimym systemie prawnym, ale do tej chwili mogły z niej skorzystać wyłącznie podmioty prowadzące działalność gospodarczą (np. spółki z ograniczoną odpowiedzialnością). W obecnej chwili (a dokładniej z końcem grudnia 2009 r.) o obwieszczenie upadłości mogą się starać również osoby indywidualne - konsumenci.

Jednak, żeby upadłość konsumencka stała się faktem każda osoba, która się o nią stara musi zrealizować wiele przesłanek. Na początku pozostaje uwidocznić, iż jesteśmy niewypłacalni (oznacza to, że ze swoich dochodów nie jesteśmy w stanie regulować naszych comiesięcznych zadłużeń - doskonały przykład osób, które wzięły pełno zadłużeń i kwoty rat przewyższają pozyskiwane przychody). W dalszej kolejności w treści uzasadniania wnioski, jaki będziemy wnosić w sądzie musimy wskazać, że zadłużenie powstało bez naszej ewidentnej winy, np. padliśmy ofiarą przestępstwa finansowego albo pożyczek o lichwiarskim charakterze.

Upadłość konsumencka to problem rzeka i przy wnoszeniu właściwego wniosku jest konieczna fachowa wiedza. Wobec tego właściwym rozwiązaniem jest skorzystanie ze wsparcia zawodowego pełnomocnika w osobie adwokata lub radcy prawnego.

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