Upadłość konsumencka w postanowieniach polskich sądów

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Dodany: 2018-02-24
Kategoria: adwokat rzeszów

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 Upadłość konsumencka w postanowieniach polskich sądów

Sporo ludzi w obecnej chwili (a w szczególności dłużników) zadaje sobie pytanie, co to jest upadłość konsumencka. Odpowiedź będzie krótka lub bardzo wydłużona. Natomiast niniejszy post mam nadzieję odpowie na wszelkie intrygujące Cię wątpliwości. Szczególnie możemy rzec, iż jest to nie mniej nie więcej tylko obwieszczenie bankructwa w momencie, kiedy dojdziemy do wniosku, iż jesteśmy popadliśmy w stan niewypłacalności a ciągłe zwracanie naszego długu jest nierealne (np. kwoty rat przewyższają w zauważalnym stopniu nasze przychody).

Ważnym czynnikiem przy ogłoszeniu upadłości jest to, żeby nasza niewypłacalność powstała bez naszej winy. Znaczy to, iż przekredytowanie powstało obiektywnie bez naszej umyślnej winy (np. padliśmy ofiarą krętaczy kredytowych, którzy podpisali z nami umowę pożyczki gdzie wielkość odsetek stanowi lichwę). Nasza sprawa jest badana przez sąd rejonowy według miejsca naszego zamieszkania. Do niego kierowany jest właśnie wniosek.

W trakcie postępowania sąd bada naszą sytuację finansową, sprawdza wiarygodność przedstawionych dokumentów i finalnie decyduje o tym czy wydać orzeczenie o ogłoszeniu upadłości w stosunku do nas. Powinniśmy wiedzieć, iż w żadnym razie nie możemy sobie zezwolić na ukrywanie składników majątkowych i innego tego typu posunięcia. Może to, bowiem przekreślić nasze szanse na ogłoszenie bankructwa na długi okres czasu.


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