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What if the court rejects the application for consumer bankruptcy

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Bankruptcy proceedings are opened on the basis of a bankruptcy petition. The petition primarily contains a description of the debtor's situation and documents specified in bankruptcy law. The petition is filed when a natural person is insolvent, i.e. when they have lost the ability to fulfill their obligations.

Typically, the next step after submitting an application for an advertisement is bankruptcy is issued by court decision on opening bankruptcy proceedings. However, it may happen that the Court rejects bankruptcy petition for reasons specified in bankruptcy law. The most common reason for rejecting an application for an announcement Bankruptcies are uncorrected formal deficiencies. However, if the applicant has met all the formal requirements of the application, the court shall proceed to analyze the application, examining at the same time the only premise that allows for the opening of the proceedings, i.e. whether the applicant is insolvent.

When a consumer receives a letter from the court dismissing the application, they have the right to file a complaint. Such a letter must be filed with the second instance court via the district court within 7 days. Filing a complaint involves another court fee.

The consumer may also not use the complaint procedure and after the Court dismisses the application, he may submit a new application bankruptcy, it is important that the new application takes into account the circumstances that were missing in the previous application, i.e. for example it contains a more complete picture of the occurrence of the state of insolvency, or presents new circumstances justifying Submitting an application.

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PMR team

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