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We are part of Ally Law

Consumer bankruptcies

Our Law Firm offers assistance in debt relief for people at risk of insolvency through the consumer bankruptcy. The offer is addressed both to people who do not run a business and to people who run or have run a sole proprietorship.

In order to assist our clients, we prepare petitions for declaring consumer bankruptcy and help to comply with the formalities related to the preparation and filing the petition with the court. Our assistance is not limited only to preparing applications. The Law Firm helps to choose the best way of debt relief thanks to many years of experience in servicing people affected by insolvency.

For the declaration of consumer bankruptcy, it is sufficient to declare that the debtor is insolvent. The courts examining the application do not examine the reason for the insolvency and whether the applicant has contributed in some way to its insolvency. Bankruptcy is declared once it has been established that the applicant is unable to pay its debts. The examination of the so-called debtor’s payment morality is carried out by the court at later stages of proceedings.

Thanks to consumer bankruptcy, a complete debt relief is even possible for a person affected by insolvency. The court may also establish a repayment plan and the appointed receiver will take care of the liquidation of the bankruptcy estate. If the person affected by the insolvency was the owner of the house or flat, a part of the amount gained after the sale of the property will be used to rent the flat to both the debtor and its immediate family.

A person wishing to take advantage of consumer bankruptcy shall bear minimum costs of the proceedings, i.e. a fixed fee of PLN 30. The remaining costs are temporarily covered by the State Treasury.

However, persons who, for various reasons, are not interested in declaring bankruptcy can make a debt reduction by entering into and paying an arrangement with their creditors. Arrangement with the creditors is entered into without the need to declare bankruptcy.

The services provided by the Law Firm include in particular:

  • A preliminary analysis of the legal and financial situation of the person affected by the insolvency;
  • Advice on the preparation of the debt relief strategy;
  • Preparation of bankruptcy applications for consumers;
  • Preparation and negotiation of arrangements with creditors and applications for their approval;
  • Legal advice during the proceedings and in the execution of repayment plans;
  • Preparation of applications describing the so-called payment morality;
  • Preparation of applications specifying the degree of debt relief and exemption from costs;
  • Legal protection against creditors in debt recovery proceedings at any stage – pre-judicial, judicial and bailiff proceedings before declaring bankruptcy;
  • Risk analysis related to entering into agreements and performing other activities in connection with existing or possible insolvency.

 

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