Conducting the process of consumer bankruptcy should consequently lead the person concerned to write off the debts and help in getting out of the financial straight. However, the legislator has foreseen situations in which certain obligations are excluded from their redemption.
It should be emphasized that consumer bankruptcy is a legal
Possibility to get out of debt addressed to people who, for reasons not attributable to them, find themselves in a situation of insolvency. These include illness, accidents or other random events.
In any event, the court will not declare bankruptcy when the debts were incurred intentionally, with no intention of repayment. However, this is not the only case when the bankruptcy petition is dismissed. First of all, consumer bankruptcy does not provide for the possibility to write off maintenance obligations.
This is logical from the point of view of protecting the interests of the most vulnerable members of society, which is why the law is structured more restrictively in the case of persons obliged to pay maintenance, than in relation to ordinary debtors.
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However, maintenance is not the only obligation not subject to cancellation under the amended Act, the law of reorganization and bankruptcy. The court will also not declare bankruptcy if the person applying for it is obliged to pay a pension for compensation for the diseases caused, incapacity for work, disability or death.
Also, debts related to court decisions, such as fines or the obligation to compensate for damage or harm suffered, cannot be canceled through consumer bankruptcy. The same applies to judgments in which it was stated that the damage was caused as a result of a crime or misdemeanor – here, too, the act on consumer bankruptcy will not work.
There is another case where the bankruptcy will be ineffective
When in the course of bankruptcy proceedings it turns out that the bankrupt has intentionally withheld any obligations towards his creditors.
On the one hand, all the cases described limit the declaration of bankruptcy to many people, on the other hand it can be seen that the legislator took care of the interests of the injured party by the debtor, when it is not often a banking or loan institution, but a real person about which the debtor was in his time he behaved at least inappropriately, with bad will, often contributing to his financial deterioration.
The Act on Consumer Bankruptcy is not an easy gate for anyone who has debts and thinks that no matter what he has done so far, everything can start again.