Practice

Personal Bankruptcy

We work out whether personal bankruptcy suits you, what will happen to your only home and your property, and how to make an informed decision, with professional support at every step.

Service

What the service includes

Personal bankruptcy is a lawful way to write off debts you cannot service, but the procedure must be carried out carefully: from correctly forming the bankruptcy estate to protecting your only home from being wrongly included in it.

If you have already decided on bankruptcy and want to know which debts will be written off and which will remain in any case, see the separate page on writing off debts through bankruptcy.

We support the procedure from start to finish: from filing the application and choosing the form (restructuring or sale of assets) to completing the procedure with the debt written off, while working to preserve the property that the law does not allow creditors to take.

We also work through the choice between debt restructuring and sale of assets: with a stable income, restructuring can sometimes preserve part of the assets and credit history that would be lost in a direct sale. We prepare in advance our position on property that is not formally part of the sole home but is necessary for the client’s work or to support the family, from a car to professional equipment.

What the service includes:

Filing the bankruptcy application Debt restructuring Sale of assets Protection of the sole home Debt write-off on completion of the procedure
Clients

Who it is for

The situations clients most often bring to us on this topic.

Borrowers with several overdue loans from different banks Guarantors who owe on someone else’s loan Mortgage borrowers who can no longer make payments Sole proprietors who closed their business with unpaid liabilities
Service

How we work

A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.

I

Assessing your situation

We analyse the client’s debts and property and determine the best strategy for the procedure. Timeframe: 1-2 days.

II

Filing the petition

We prepare and file the application to declare the individual bankrupt with the commercial court. Timeframe: 3-7 days.

III

Conduct of the procedure

We support the debt restructuring or sale of assets and defend the client’s interests at creditors’ meetings. Timeframe: 6-18 months.

IV

Debt write-off

We see the procedure through to completion with the unpaid part of the debt written off. Timeframe: on completion of the procedure.

Documents

What you will need at the start

We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.

Passport Income documents for the last 3 years Loan agreements and certificates of indebtedness Documents for property (real estate, vehicles, accounts)
Practice

Key figures

Experience in this practice area specifically, not in practice as a whole.

120+ personal bankruptcy procedures The number of completed personal bankruptcy cases the team has handled since 2015.
97% sole homes preserved The share of cases in which the court confirmed the status of the sole home and excluded it from the bankruptcy estate.
8 months average duration of the sale of assets The time from the opening of the sale of assets to the court’s ruling to write off the debt.
4 creditors on the register in a case The typical number of creditors whose claims are entered on the register in a client’s case.
15 days to the first hearing on the application The average time from filing the bankruptcy application to the first court hearing in the case.
3 transactions under the manager’s review On average, the financial manager requests explanations on several of the debtor’s transactions over the last three years.
Practice

Common mistakes

Trying to transfer property to relatives. The debtor moves a flat or a car to close relatives in advance, believing this will protect them from creditors. Such transactions in the period before bankruptcy are the first to be examined, and if there are signs of asset stripping they are declared invalid.

Filing through the MFC without checking the conditions. The individual tries the simplified out-of-court procedure without making sure that the amount of the debt and the status of enforcement proceedings meet the legal requirements, is refused, loses time and has to start again.

Underestimating the consequences after the write-off. The client counts only on being released from the debts and does not take into account that for several years after the procedure restrictions apply to new loans and to holding management positions in companies.

Result

What you get

A court ruling releasing you from debts. The client receives a judicial act that legally extinguishes all the obligations entered on the register.

Your sole home preserved. The flat or house where the client permanently lives remains their property and is not included in the bankruptcy estate.

An updated credit history with no arrears. The data on written-off obligations is closed at the credit bureau, instead of an endlessly growing current arrears.

A clear list of protected property. The client knows in advance which property the law protects from inclusion in the bankruptcy estate and will not be lost.

FAQ

Frequently asked questions

Will all my debts be written off in bankruptcy?+

Not all of them. Some obligations (for example, maintenance payments and compensation for harm to life or health) are never written off.

Will I lose my only home?+

As a general rule, a sole home is protected from recovery, except where it is mortgaged. The procedure must be conducted correctly for this rule to be respected in practice.

How much does personal bankruptcy cost?+

The cost consists of the state duty, the financial manager’s fee and publication costs. We give the exact figure after assessing your situation at a consultation.

How will personal bankruptcy affect my credit history?+

The bankruptcy is recorded in your credit history, and for several years restrictions apply to a repeat bankruptcy and to certain types of activity. We go through this in detail at a consultation.

Can I transfer a flat or a car to a relative before bankruptcy?+

Such transactions made before the application is filed are the first to be scrutinised. If there are signs of asset stripping, they are declared invalid and the property returns to the bankruptcy estate.

Will I lose my only home if I have nowhere else to live?+

A sole home that is not mortgaged is, as a rule, not included in the bankruptcy estate and stays with the debtor after the procedure ends.