Położenie osoby zadłużonej a upadłość



 Położenie osoby zadłużonej a upadłość konsumencka

Odwiedzając fora o tematyce finansowej i pożyczkowej coraz to systematyczniej możemy się natknąć na zapytanie, co to jest upadłość konsumencka. W tym krótkim artykule chcę rzucić odrobinę światła na przedmiotowe zagadnienie. W prostych słowach możemy, bowiem mówić o przeprowadzeniu bankructwa. Instytucja ta była znana już wcześniej w rodzimym systemie prawnym, lecz do tej pory mogły z niej skorzystać tylko i wyłącznie podmioty prowadzące firmę (np. spółki z ograniczoną odpowiedzialnością). Obecnie (a dokładniej od końca grudnia 2009 roku) o obwieszczenie upadłości mogą się starać również osoby prywatne - konsumenci.

Aczkolwiek, żeby upadłość konsumencka stała się faktem każda jednostka, która się o nią stara musi wykonać szereg przesłanek. Na początku pozostaje uwidocznić, iż jesteśmy niewypłacalni (oznacza to, że ze swoich przychodów nie jesteśmy w stanie spłacać naszych comiesięcznych zadłużeń - klasyczny przykład osób, które wzięły dużo zadłużeń i sumy rat przewyższają uzyskiwane dochody). W dalszej kolejności w treści uzasadniania wnioski, jaki będziemy składać w sądzie musimy wskazać, że zadłużenie powstało w sposób przez nas niezawiniony, np. padliśmy ofiarą przestępstwa finansowego albo pożyczek o lichwiarskim charakterze.

Upadłość konsumencka to temat rzeka i przy składaniu stosownego wniosku potrzebna jest specjalistyczna wiedza. Wobec tego poprawnym rozwiązaniem jest korzystanie ze wsparcia kompetentnego pełnomocnika w osobie adwokata lub radcy prawnego.

Komentarze: 100


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