Upadłość konsumencka w odpowiedziach

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Dodany: 2018-02-24
Kategoria: adwokat rzeszów

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 Upadłość konsumencka w odpowiedziach eksperta

Upadłość konsumencka to instytucja prawna, jaka do naszego prawodawstwa została umieszczona pod koniec roku 2009. Regulacje odnośnie jej stosowania mieszczą się w ustawie o prawie upadłościowym i naprawczym. Trzeba w tym miejscu wskazać, że do tej pory ze sposobności ogłoszenia upadłości mogły korzystać tylko firmy. Natomiast teraz jest to także dopuszczalne w wypadku podmiotów prywatnych. Jej przeprowadzenie nie jest prostym zadaniem, wymaga specjalnej wiedzy prawniczej i dużej wytrwałości (całe postępowannie łącznie z wykonaniem planu spłaty może trwać przeszło trzy lata).

Jednak upadłość konsumencka w bardzo wielu wypadkach jest znakomitą szansą dla jednostek, które mają już egzekucję komorniczą. Na tego typu stan rzeczy wpływa wiele zmiennych. Musimy, albowiem wiedzieć, iż egzekucja komornika niesie ze sobą spore wydatki (opłacamy koszty egzekucyjne, koszty zastępstwa w postępowaniu egzekucyjnym itd.) a prócz tego w szeregu przypadków z tego, co nam bierze komornik niepokrywane są nawet odsetki od głównej kwoty naszego zadłużenia a co za tym idzie nasz dług zamiast zmniejszać się jeszcze wzrasta. Jest to droga donikąd.

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

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