Consumer bankruptcy, the output only for the part of debtors insolvent and reliable Photo: Depositphotos
the interest in consumer bankruptcy increased, because the new rules, which work since January this year eased the criteria that need to be met in order to benefit from the bankruptcy. In December 2015, the number of published information about persons who have opted for consumer bankruptcy for the first time exceeded 300 – in just one month. This number has beaten on the head of the statistics from previous years, when there were still much more restrictive law in this respect.
Friendly law on bankruptcy
in Poland arrives insolvencies, but had a lot of change in the law to Poles began to really benefit from this right.
– had to take place in three shifts. One large, very general and three such smaller. This is a big change in attitude. So far, Polish bankruptcy was quite restrictive, indeed still is in relation to entrepreneurs and regulations which for the first time entered and concerned consumer bankruptcy were equally restrictive. Because of that we had to change a little optics begin to treat consumers not as a business, but as people who need help to keep out of trouble. And this actually changes in the law have made. While two new things that have changed are already more specific. The first is that it was necessary to change the conditions under which a court may declare bankruptcy the consumer – and it has changed for the better, one can see what is the result. A second change is the issue of costs – explains the guest Ones attorney Matthew Medyński with the Office of Zimmerman & Partners.
Until now, it was so, moreover, is so still in relation to the business that the entrepreneur shall bear the cost of bankruptcy proceedings. And the problem was that the existing rules, which are those that were in effect until two years ago, require that such declining consumer amassed an appropriate amount that would be enough then to cover its costs.
– It was physically impossible, because in most cases it was announced bankruptcy when the man did not even have the proverbial 5 zł. In connection with the collection of the amount of 2, 3 or 4 000 zł, depending on how the court announced, because it was different rates, it was physically impossible and people could not afford it to fail – like guest Ones.
and he added Ewelina Milan, a lawyer and lecturer at Lazarski University, the entry of application is 30 zł, and we can out of this release.
– the costs of the trustee are still high, but if it turns out that the property not sufficient to meet these costs, then the money teaches treasury. Or, for a while, and after the sale of the money is returned or all covered the state treasury – explains the guest Polish Radio 24.
The law only for consumers
Currently, these costs are therefore lower, so remember, who then can take advantage of bankruptcy.
– use perhaps everyone. So every consumer, and this is very important, because you can not be an entrepreneur. And what is important, if we want to restructure their debts as an entrepreneur, you have to wait a year since removed from the register. Therefore, this “being a consumer” is very strictly adhered to by the court, and it is essential. The nature of the debts no longer has any meaning, can also be long past the business, but we can not be an entrepreneur – emphasizes lawyer Medyński.
The second element is that for bankruptcy, or for their own insolvency – not could lead fault of their own, or through gross negligence.
– These are terms very broad, assessed by the court, but essentially it boils down to do just that, that we could not absurdly borrow strange projects, make decisions that from the point of view of the average man are irrational business etc. Court to all of this draws attention – calculates guest radio Ones.
Since the highlights Ewelina Milan, consumer bankruptcy is output only for the part of debtors.
– those insolvent, ie those who are not able to pay current debts and meet their basic needs. In addition, they must be honest to creditors. So receiving correspondence from creditors who have contact with its creditors, who does not run away from responsibility – adds a guest of the Polish Radio 24.
The procedure for announcing bankruptcy
the court may therefore dismiss the application if it makes a person who has grossly neglected his duties.
– In contrast to the so far very many cases they were treated by the courts positively. We were very curious to see how judges approach to this, because if somebody lifelong ruled in relation to entrepreneurs and accustomed to such a sharp approach, which was forced by the rules, then wondered how judges upadłościowi go over to the consumer. I must admit that we met a very pleasant surprise, namely judges understood the spirit of the law, they were able to correctly interpret – notes lawyer Medyński.
The basic element of consumer bankruptcy is a liquidation of assets. Therefore, it is not easy nor pleasant escape from debts. It is quite difficult process, but it is a one-off release.
– So if you have to decide on such a two-step process, in the first part of all our property is sold, the funds from this will be used to satisfy our creditors. And now if this sale of our assets the trustee has not received the full amount not paid off all creditors, that we may be fixed payment plan for three years. What is important, repayment plan is not determined on the basis of how much we still have these debts, but we have the physical abilities of payment. I eg. A Warsaw court, in extreme cases, decides 300-400 zł per month, for three years – explains the guest Ones.
This is the point is that for some period of time, the consumer has fallen, and for a while longer restored to full operation of the consumer can demonstrate that it is able to make regular repayments and make rational decisions. This is such a transitional period before it will again be able to frantically into debt, but hopefully it will not happen …
– Of course, it is theoretically possible that the court waive the determination of the payment plan, but in practice already we see that judges are more reluctant, but rather reduce the amount that was some kind of regularity just anyone to be able to demonstrate that the guardian of your schedule, trying to do what the court awarded and the guards. And then you wearing those long redeem – notes lawyer Matthew Medyński.
safety valve for the economy
So, bankruptcy, consumer, such private bankruptcy, this is a second chance for the debtor.
– the fact that in our growing number of insolvencies is really great news for us – as for the Poles. Each market economy must have a safety valve. With the experience of our firm, we see that many consumers come with things that pull up behind them for years. Therefore, most of those 2,000 applications, a long time should be recognized, because these people tortured for years, sometimes even multiple executions – says visitor Ones.
And he adds that, for example. Youngest consumer who was the case for the declaration of bankruptcy was 13 years old and the oldest 80, so this be shot is huge.
– Sami have consumers who are retired and who would like to get rid of debts, with whom they fought over the past several years. So it’s very good that you can regulate such a situation that the consumer can get a little out of the shadow does not have to hide in the gray zone, you do not have to hide before bailiffs. Year of the proceedings, because more or less it takes, plus three years’ payment plan, and we are free from everything – like a patron Medyński.
In contrast, the most serious positive consequence for the economy may be to reduce the gray rudders, which very often work in debt up to his ears consumers.
the law is still little known
it turns out, however, that despite the liberalization of regulations many people are still talking about the possibility of bankruptcy is not heard.
– is far more inquiries about these things than on the basis of the previous legislation. But still, public awareness is very low. And a person in a difficult financial situation, unfortunately, often avoids court avoids lawyers do not want to have the benefit of this bill, which is a mistake. Since the use of this law allows consumers a simple way, and a new start, a new beginning – explains Radoslaw Plonka, a lawyer, an expert in the Business Center Club.
The stronger the position of the consumer. Even fallen
But maybe first, debtor should try rather to communicate with the creditor, and not to seek to the courts.
– This is one of the positive the characteristics of extralegal, which occurred on the occasion of changes in regulations. Namely, before the problem it was that even though the debtor wanted to get along, they often were banks, large financial institutions, and had no one to talk to. He was not treated seriously, because he had no other tools. Now it is often the case that the threat of filing for bankruptcy, lets sit down to the table and settle your debts. Of course, this does not make sense, if we have a lot of small creditors, because then you will never get along. But if we have some major, sometimes we do not need to flee in consumer bankruptcy, enough to threaten the other party itself sits down to the table. And this is very beneficial, especially from the point of view of the economy. It is better to people to get along than to have to resort to instruments final – emphasizes lawyer Medyński.
The more that may be selling the house yourself price obtained would be higher than when the bidding court.
– Basically yes, but there is one element of the bankruptcy. Selling an apartment in which we live, the receiver portion of the amount you receive will allocate for the fallen of the consumer, the rent for 24 months in a similar location, under similar conditions. The idea is to not have to evict the poor consumers in the course of proceedings on the pavement – adds guest Ones.
Portrait of a consumer-bankrupt
The most common reason for the application for a consumer bankruptcy problems are random.
– The loss of a job or a definite decrease in incomes. In the long fall into a person after a divorce, which assumed the self-education of children – says Ewelina Milan.
This is also confirmed patron Medyński: – Common loan taken out when yet both sides łożyły to pay off, at a time when he takes divorce, becomes one of the spouses powerful weight. Such situations often happen.
The largest group of two to five people, announcing bankruptcy constitute having from two to four loans, taking into account except cash loans, installment and housing also credit cards and credit limits on your account.
– The percentage of 18 percent. people have five or more loans. The situation is changing, because in the first wave of bankruptcy in early 2015 almost one third of the bankrupt person has had such a large number of commitments – notes Mariusz Hildebrand, vice BIG InfoMonitor.
On the other hand, as noted patron Medyński in his Chancellery It was a case of a client who restructured thanks to the law on bankruptcy debt of 90 million zł. – But the most common are long of several hundred thousand to a million and most are some remnants of the business, own or spouse.
And he adds that increased a number of frankowiczów, while the threat of losing the apartment is a spectrum rather grim . Therefore Frankowicz try to usually first seek help in other ways, the most common negotiating.
The most common bankruptcy by the trap of excessive debt overlook people between 36 and 45 years of age, professionally active, usually with the fullness of family responsibilities, which apparently they took on their shoulders too much. As you can see the courts are ready to give them a chance for a new start
According to the law of bankruptcy is possible only once every 10 years. Also, many have to wait to file another application in this regard, if the previous one is away or canceled. Consumer bankruptcy is not discontinue child support or disability compensation, judicial fines and the obligation to provide compensation and redress for the harm done.
Sylwia Zadrożna, Grazyna Raszkowska, NC Cerebrate, Margaret Byrska
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