There is no doubt that people who are considering filing for bankruptcy are in a difficult financial situation. Because bankruptcy was created for such people. Such people very often have, in addition to financial problems, problems with debt collection companies or bailiffs who try to collect debts for creditors.
In accordance with the Code of Civil Procedure, we distinguish the following methods of enforcing monetary claims:
- execution against movable property (movable property);
- enforcement against wages;
- enforcement against bank accounts;
- enforcement of other receivables;
- enforcement of other property rights;
- foreclosure on real estate;
- execution from sea vessels.
The bailiff will try to enforce the performance – using the above-mentioned methods of enforcement. But is it so? must be? Is it possible to submit an application bankruptcy means the end problems with execution?
Itself filing a bankruptcy petition does not suspend enforcement. Submission bankruptcy petition opens the bankruptcy proceedings not the actual bankruptcy proceedings. The proceedings concerning the announcement bankruptcy is terminated by the issuance by Court issues a decision declaring bankruptcy.
It is from this moment, i.e. from the date of issue by Court ruling on declaring bankruptcy causes the enforcement proceedings to be suspended by operation of law. The enforcement proceedings are discontinued on the day the decision becomes final a decision on declaring bankruptcy is madeIt should also be noted that from the opening day bankruptcy proceedings Bailiffs will not be able to initiate new enforcement proceedings.
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