The financial situation of some individuals makes it impossible for them to keep up with their financial obligations. In such a difficult moment, various ideas may come to mind on how to handle the situation. One possible solution is consumer bankruptcy. But what exactly is consumer bankruptcy?
Consumer bankruptcy is, in essence, a court proceeding that aims to either fully or partially discharge the debtor’s obligations and to satisfy creditors to the greatest extent possible. The entire process can take months or even years. Who can benefit from this debt relief, and under what conditions?
Who Can File for Consumer Bankruptcy?
Consumer bankruptcy can be declared by individuals who are not engaged in business activity or by those who used to run a business and are unable to cope with the debts remaining after its termination. The only condition is that, at the time of filing the bankruptcy petition with the court, the individual must not be conducting business activity.
How to File for Consumer Bankruptcy?
Consumer bankruptcy can be initiated solely by the debtor. The debtor can file the petition personally or through a legal representative with the appropriate court based on their permanent place of residence. The petition can only be submitted by a natural person or a former entrepreneur who is no longer conducting business activity at the time of filing. The petitioner must be insolvent—that is, unable to pay off their liabilities for a period of at least 3 months. The court filing fee is 30 PLN. If the person is represented by an attorney, an additional stamp duty of 17 PLN must be paid for the power of attorney.
What Should Be Included in a Consumer Bankruptcy Petition?
The petition should include:
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personal data enabling identification (e.g., full name, PESEL number),
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a list of assets (e.g., owned real estate, movable property such as a car),
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a list of creditors,
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justification of the petition (a brief description of the life and financial circumstances).
Failure to include any essential data required for the declaration of bankruptcy may result in the court rejecting the petition. If the person filing the petition is uncertain or unfamiliar with applicable laws, they may seek assistance from a professional legal representative. Our law firm supports clients throughout the entire filing process and also represents them after bankruptcy has been declared.
What Debts Cannot Be Discharged in Consumer Bankruptcy?
Not all debts are subject to discharge. According to the Bankruptcy Law, the following obligations cannot be discharged:
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maintenance (alimony) obligations,
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compensation payments due to illness, incapacity to work, disability, or death,
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fines imposed by court rulings, as well as orders to repair damage or provide compensation for non-material harm,
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penalties or monetary sanctions imposed as criminal measures or related to probation,
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compensation for damage resulting from a crime or misdemeanor confirmed by a final judgment,
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obligations that the bankrupt party intentionally concealed if the creditor was not involved in the proceedings.
Declaration of Bankruptcy – Consequences: What Happens Next?
Po wydaniu postanowienia o ogłoszeniu upadłości dłużnik traci władztwo nad swoim majątkiem. Nadzór nad majątkiem sprawuje syndyk, którego wyznacza sąd postanowieniem. Posiadany majątek taki jak nieruchomości i ruchomości zostaną sprzedane celem zaspokojenia wierzycieli. Konsument ogłaszający upadłość może dokonywać czynności zwykłych czynności życia codziennego i nabywać jedynie produkty codziennego użytku. W przypadku posiadania małżonka wraz z ogłoszeniem upadłości powstaje między nimi rozdzielność majątkowa. W kolejnych artykułach rozwiniemy wątek małżeńskiej wspólności majątkowej.
Legal Assistance in the Consumer Bankruptcy Process
Our law firm can guide you through the entire process, both during the bankruptcy filing procedure and in protecting your interests after the declaration of bankruptcy. We provide professional advice in the field of bankruptcy law and assist with preparing the bankruptcy petition, as well as representing debtors before the court.
