Upadłość konsumencka i stworzenie wniosku



 Upadłość konsumencka i stworzenie wniosku

Obecnie wiele osób zadaje sobie zapytanie, co to jest upadłość konsumencka. Wygląda na to, że te z nich, którym nie obce są kredyty i pożyczki słyszały coś nie coś o takowej instytucji prawnej. W zwyczajnych słowach upadłość jesteśmy w stanie określić ogłoszeniem bankructwa. W praktyce, albowiem cały proces się do tego ogranicza. Do rodzimego systemu prawnego została ona wdrożona pod koniec roku 2009 (do tamtej chwili o upadłość mogły zabiegać tylko podmioty prowadzące firmę).

W chwili obecnej upadłość konsumencka jest możliwa również w przypadku osób niekomercyjnych. Podstawą do jej ogłoszenia jest okoliczność niewypłacalności konkretnego konsumenta. Oznacza to, że nie jest on w stanie regulować swoich teraźniejszych zobowiązań z dochodów, jakie to otrzymuje i niewielkie są możliwości na to, żeby mógł to robić w niedalekiej przyszłości. Doskonałym tego przypadkiem są sytuacje, w których osoby padły ofiarą tzw. spirali kredytowej a raty zaciągniętych zadłużeń przewyższają ich przychody miesięczne. Spłata długu w takich stosunkach jest praktycznie niewykonalna a co za tym idzie jedynym wyjściem z sytuacji staje się upadłość konsumencka.

Żeby móc się o nią starać w 1szej kolejności należy zgromadzić całą dokumentację odnośnie naszego obciążenia i określić, na jaką kwotę jesteśmy faktycznie zadłużeni (w wielu przypadkach jest to istotny problem dla zadłużonych). W następnej kolejności musimy wykazać przed sądem, iż nasza niewypłacalność nie była przez nas zawiniona.

Komentarze: 77


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