PLMET:

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Title:

Change in the creditor repayment plan in consumer bankruptcy proceedings

Creator:

Dela, Mirosław

ORCID:

0000-0002-2078-1049

Subject and Keywords:

consumer bankruptcy   repayment plan   change of repayment plan   creditor's interest

Abstract:

Creditor repayment plan is determined based on the debtor’s income and expenditures in the past, as well as on the basis of forecasts of the debtor’s future financial situation. Historical data, which constitute the basis for the analysis are not always reliable, and assumptions adopted by the bankruptcy court often turn out to be overly optimistic. The execution of the repayment plan drawn up in this way turns out to be impossible. Also during the execution of the repayment plan, the payment capacity of the bankrupt may deteriorate as a result of unfavorable fortuitous events. Then, there is a need to correct the originally established obligations, adequately to the new economic situation in which the debtor has found himself. The change of the repayment plan is usually done to the disadvantage of the creditors, reducing the amount of repayment. The author does not however ignore the reverse situation, in which the financial condition of the bankrupt is improved, and the repayment plan should be adjusted in favor of the creditors, increasing the amount of their satisfaction

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Górnicki, Leonard. Red.

Date issued:

2019

Detailed Type:

journal

Identifier:

ISSN 2450-3932

DOI:

doi:10.34616/fiuw.2019.1.149.164

Language:

eng   pol

WUL Catalog:

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Is part of:

Folia Iuridica Universitatis Wratislaviensis. 2019, vol. 8, no 1

Is referenced by:

www.fiw.prawo.uni.wroc.pl

Replaces:

Folia Iuridica Wratislaviensis

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdjm   TK