Sunday, January 26, 2020
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Eternally alive: children are going bankrupt in Poland.

As they say: eternal bareisms. Children go bankrupt in Poland. The eleven-year-old is the youngest Pole who declared consumer bankruptcy last year.

The consumer bankruptcy of an 11-year-old boy was announced by the Court in Radom. This is not the first time in our country when a child goes bankrupt. All because of inheritance law, allowing inheritance of debts.

The problem with the boy from Radom turned out to be his mother’s acceptance of the inheritance on his behalf. Solution? Declaration of consumer bankruptcy.

Accept the inheritance

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A similar situation was found for the family of 9-year-old Kacper from Warsaw, who in 2014 inherited USD 18 thousand from his grandfather. “My mother did not accept the inheritance, but the court did not say that she could reject the inheritance on my behalf. And now all the debt has passed to me, “wrote the boy in a letter to the Ombudsman for Children. The matter was obviously dealt with by the media and politicians, and the Ombudsman undertook to help.

Declaration of consumer bankruptcy is a solution for over-indebted people. GFI InfoMonitor cites bankruptcy stories of older people who have declared bankruptcy with more than 40 credits “on account”. The courts are increasingly in favor of bankruptcy when they see that there is no chance for anyone to go straight.

Liability for inheritance debts

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an we protect ourselves from a similar situation? Yes, thanks to the change in the law of succession. It involves the introduction of liability for inheritance debts up to the value of the assets of the inheritance, in place of the previously applicable principle of unlimited liability.

Now, failure to submit a declaration of acceptance or rejection of an inheritance within the statutory six-month period means the so-called simple acceptance of the inheritance – with full responsibility for inheritance debts. Thanks to the new regulations, even in the case of the passivity of the heir who inherited the debts, he will be responsible not only for the value of the assets of the inheritance, and not, as yet, in full.

Largest number of bankruptcies

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Who most often goes bankrupt in our country? Young, unfortunately. The average age is 49 years. The largest number of bankruptcies concerns people aged 30-39, because 25.15 percent. and people aged 40-49 (24.90%). The oldest person to be declared bankrupt was 86. In 2015 alone, the courts ruled over 1,800 private bankruptcies.

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