Our Firm carry on, among others, proceedings within consumer insolvency. What is consumer insolvency? This solution is aimed at remission or diminishing of the debts of a natural person, who, when claiming insolvency, does not do any business. The insolvency laws also refer to consumers who have ceased their partnership in companies.
Declaration of consumer insolvency takes place when they are not able to cover their debts. Insolvency proceedings are to satisfy the creditors’ claims. The debt is covered by means collected from liquidation of the whole or of a part of the debtor’s property.
Consumer insolvency proceedings can be commenced by the means of the debtor’s or creditor’s application. After analysing the claim, the court examine whether all conditions of consumer insolvency are relevant and also whether insolvency is of no avail.
Consumer insolvency proceedings
If all the conditions are met, the court pronounces customer insolvency and calls a syndic or commissioner. The next stage is to declare the insolvency estate, which includes both the debtor’s property and their incomes. The means gained are designed for paying debts and are divided among creditors. This is the end of consumer insolvency proceedings.
After the legal proceedings, the court prepares a plan of paying creditors back and decides what part of the debt can undergo remission. If, as a result of contingency, like a disease, the debtor is not able to cover obligations, the court may declare remission of the rest of the debts. Whereas, if the debtor does not cover obligations on purpose, the court may deny any remission to the debt.
Warsaw Office :
ul. Puławska 41/16
02 – 508 Warszawa, Polska
email: biurowarszawa@c-l-a.pl
tel: 508 682 837
fax: 22 646 31 91
Łódź Office :
ul. Sienkiewicza 153 lok.1
90-302 Łódź
email: biuro@lawadvisers.eu
tel: 42 631 93 30
fax: 42 641 70 54
Gorzów Office :
ul Franciszka Walczaka 25
66-400 Gorzów Wielkopolski
email: biurogorzow@c-l-a.pl
tel: 95 725 51 50
fax: 95 735 86 00
Poznań Office :
ul. Młyńska 9 lok. 3
61-730 Poznań
email: biuropoznan@c-l-a.pl
tel: 61 852 53 28
