Upadłość konsumencka dla typowego Polaka



Upadłość konsumencka dla typowego Polaka

Upadłość konsumencka to instytucja ustawowa, jaka do krajowego prawodawstwa została wprowadzona pod koniec roku 2009. Procedury odnośnie jej stosowania mieszczą się w ustawie o prawie upadłościowym i naprawczym. Wskazane jest w tym miejscu wskazać, że do tej pory z możliwości ogłoszenia upadłości mogły korzystać jedynie przedsiębiorstwa. Natomiast aktualnie jest to także możliwe w wypadku konsumentów. Jej przeprowadzenie nie jest łatwym zajęciem, wymaga specjalnej wiedzy prawnej i ogromnej wytrwałości (całość postępowania razem z wykonaniem planu spłaty może trwać nawet ponad trzy lata).

Jednakże upadłość konsumencka w bardzo wielu przypadkach jest doskonałą opcją dla jednostek, które mają już postępowanie egzekucyjne. Na ten stan rzeczy odziałuje wiele zmiennych. Musimy, albowiem wiedzieć, że egzekucja komornika mieści w sobie spore koszta (opłacamy koszty egzekucyjne, koszta zastępstwa w procedurze egzekucyjnej itd.) a oprócz tego w wielu przypadkach z tego, co nam zabiera komornik niepokrywane są chociażby odsetki od kapitału naszego zadłużenia a co za tym idzie nasze zadłużenie zamiast maleć jeszcze narasta. Taka droga prowadzi donikąd.

Upadłość konsumencka rozwiążuje ten problem. W przypadku gdy się na nią zdecydujemy to sąd wyznacza nam osobę syndyka, który z kolei przygotowuje schemat naprawczy. Opłacanie zobowiązań trwa maksymalnie 3 lata a po tym czasie niespłacone długi podlegają procedurze umorzenia. Znaczy to, że nikt już może ich od nas sciągać.

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