W jakim wypadku zdołam ogłosić upadłość konsumencką?



W jakim wypadku zdołam ogłosić upadłość konsumencką?

Upadłość konsumencka to instytucja prawna, która do krajowego prawodawstwa została wprowadzona pod koniec grudnia 2009. Zasady odnośnie jej wykorzystywania mieszczą się w ustawie o prawie upadłościowym i naprawczym. Trzeba w tym miejscu wskazać, iż do tej pory z możliwości ogłoszenia upadłości mogły korzystać tylko i wyłącznie podmioty prowadzące działalność gospodarczą. Natomiast aktualnie jest to także dopuszczalne w przypadku konsumentów. Jej ukończenie nie jest prostym zajęciem, wymaga specjalnej wiedzy prawniczej i dużej wytrwałości (całe postępowannie razem z przeprowadzeniem procedury spłaty może trwać nawet ponad trzy lata).

Aczkolwiek upadłość konsumencka w bardzo wielu wypadkach stanowi idealną szansą dla osób, które mają już komornika. Na ten stan rzeczy ingeruje sporo wytycznych. Musimy, albowiem wiedzieć, że egzekucja komornicza niesie ze sobą duże wydatki (płacimy za koszty egzekucji, koszta zastępstwa w procedurze egzekucyjnej itp.) a oprócz tego w szeregu przypadków z tego, co nam bierze komornik niepokrywane są nawet odsetki od kapitału naszego zadłużenia a co za tym idzie nasze zadłużenie zamiast zmniejszać się jeszcze rośnie. Jest to droga donikąd.

Upadłość konsumencka niweluje ten problem. Jeśli się na nią zdecydujemy to sąd wyznacza nam osobę syndyka, który z kolei przygotowuje plan spłaty. Opłacanie zadłużeń trwa najwyżej 3 lata a po tym okresie niespłacone długi podlegają procedurze umorzenia. Oznacza to, że nikt już może ich od nas dochodzić.

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