A revolution in the field of a single debt is the possibility of filing a petition for debt relief or the bankruptcy of personal bankruptcy. Let’s see under what conditions and to whom it is paid.

Since January 2008, a new insolvency bill has been paid, which has brought about fundamental changes in the area of ​​debt and their value for both citizens and entrepreneurs. One of the major innovations in the case of citizens is the possibility to file a petition for so-called debt relief or personal bankruptcy.

The avoidance of personal bankruptcy is one of the forms of a situation where, on the one hand, a long-term debt is in a difficult position with the threat of foreclosure and, on the other hand, a kind of creditor who strongly doubts any satisfactory result of this radical step. Personal bankruptcy should prevent these honest debts from falling to the bottom and ensure that creditors will be completely satisfied, or at best.

Only citizens or former citizens can declare personal bankruptcy
Avoiding (under a petition) personal bankruptcy is the first of all debts who want to settle their debts in a satisfactory way, but only to non-business citizens. Separate employees cannot apply separately (even those with a valid trade license on the day of the proposal). On the other hand, personal bankruptcy is the choice for those citizens who did business in the past as self-employed (they have closed their business) and unfortunately they are left with only debts. In such a case, a former self-employed person (today you are a regular employee) may have a debt trap in this form.

The proposal for personal bankruptcy is not just that, prepare for a small personal financial full
A person filing for personal bankruptcy must prove to the insolvency court that he is not an entrepreneur, and at the same time must prove his integrity in the form of the same criminal record. This is quite often a problem for these people, or in connection with their debts they often neglect their duties (for example, live their duties).

If you meet these two basic conditions, you can file a petition for separation before the insolvency court. It is presented on the prescribed formula and briefly contains the following summary of information:

A separate separate gives about long
Proposed method of separation (there are 2 variants, we get to them no)
Finann full income in five years, which guarantees the satisfaction of at least 30% of the value of the bundle of debtors to creditors
Description of income earned in debt in recent years (including supporting documents)
List of assets (collateral and non-collateral)
If he has a long wife, his consent to the separation is required
If there is a guarantor for the long, enter it
If there is a co-length, you must also enter it

TIP: The proposal form can also be downloaded with a description on the pages www.insolvencni-zakon.cz including instructions for filling. The overview point in the link contains only the most basic points, not all.

The petition for personal bankruptcy does not have to be accepted by the court
After sending a petition for personal bankruptcy, the insolvency judge first examines the formalities of the petition, but even their faultlessness may not necessarily lead to the acceptance of personal bankruptcy. The content of the financial content plays a key role. In other words, if a long-term employee has paid a total of time, then there is a fairly high probability that he will be able to repay at least 30% of the value of his bonds to creditors within five years.

It’s not just about income. The long-term must prepare for the fact that in five years he will be entertained with a fee and after the so-called untenable minimum (this varies according to the number of children, etc.). He will have to prepare for a fair amount of tissue and lose weight for years. But let’s not get ahead.

After the proposal has been delivered to the court since the debtor, the creditor will meet and create a so-called creditor’s committee. They have a separate choice between the two methods, and if they do not agree on the bottom of these variants, the court will choose one with regard to the content of the long-term proposal.

Two methods separated by a sparrow in a handful, or a pigeon on a stee
The insolvency account has two methods. One fast and upright on the property of the debtor from the point of view of foaming and the other slow, when the debtor does not touch the bottom of the property, but is confiscated over the next five years to pay and at an unavoidable minimum. Pay rule that the long-term pay not only the mandatory 30% of the value of receivables, but you their total value.

Oddluen methods:

Separated by the monetization of assets
Oddluen plnnm spltkovho kalede

Although Dlunk comments on these two methods in his proposal, the decisive word is the committee and the court.

They will decide according to the sequence of the future and very long their decision-making process will describe whether the sparrow is in the hand or the pigeon on the stee.
The first option is justified if the debtor has at least some confiscable property and at the same time, with regard to his distance and skills, he cannot be expected to reach any of his wages above the limit of non-foreclosure.

The type of variant is basically mirrors. It makes sense in a case where the long-term employee has some solid employment and skills and his or her salary is moving (or probably will be moving in the future) solidly above the untenable income. In such a case, it is easy to have the same alternative variant from the point of view of creditors, that the debt not only pays at least 30% of receivables, but also the total value of all receivables.

The rule here is that during five years he will be confiscated to an untenable minimum, but not even thirty percent, but one hundred percent in receivables. This does not only apply to the income from the employee’s debtor, for example, he also leans on the fortune, if he receives any inheritance within five years of the acceptance of the proposal.

The disadvantage of debt relief is the co-operation with the tax administrator, who increases the whole situation by additional administrative fees. For dlunka, it is a very unpleasant one to give a hundred hundred crowns of money, which has to pay for money.

I have a separate sense, especially for the free and active
Undoubtedly, good vc. On the other hand, it is suitable only for long debts with the whole thing satisfactory. The weakness, on the other hand, is the fact that it is difficult for the husband, or necessarily contains the consent of the husband, which can be a big problem for people in difficult personal situations.

After about ten weeks from the activity of the new insolvency law, it can be stated that the possibility of segregation as such has attracted a relatively large group of people over debt. The insolvency courts register it and assess the records for a long time that they want to live their bonds this way. Unfortunately, many are afraid of some formalities and are especially returned. Some follow the formal page and the credit unions are currently arguing on appropriate forms of separation. It is now too early to assess the impact of the amendment’s duties.

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