According to the applicable regulations, the bankruptcy estate includes the assets of the bankrupt acquired also during the course of the proceedings. Such assets include, for example, remuneration for work. As a general rule, it is subject to seizure up to the amount of half of the salary, except that the amount not subject to seizure is the minimum wage. If the bankrupt has a maintenance obligation, then the salary may be seized up to the amount of 60% of the salary.
If the pension benefit is drawn, 25% of the benefit is seized, with the non-seizable amount being 75% of the minimum benefit (gross amount).
At the same time, bankruptcy law spells out, that the part of the insolvent's income which, together with the income excluded from the insolvency estate according to the rules set out above, corresponds to the insolvency estate is also not included in the insolvency estate:
- in the case where the bankrupt has no dependents - the amount of PLN 1164.00,
- where the bankrupt has other dependants, an amount calculated according to the formula:
PLN 900 * (number of dependants of the bankrupt +1)
e.g. when the bankrupt has 3 dependents, the income free from seizure is PLN 3600.00.
If you have already been declared bankrupt and the trustee seizes your income, and the amount left over for you is not sufficient to cover the necessary expenses of your household, you have the chance to negotiate the amounts that are deducted for you. You can make the application yourself or with with the help of our advisorswho deal with this on a daily basis and know what the Courts look for in such cases. Benefit from our knowledge and experience.
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