Our compatriots are increasingly get into trouble associated with debts on loans.Crisis deprives ordinary citizens the opportunity to make regular payments, which is why many times the amount of debt exceeds the income.For the most difficult cases, Russian legislation provides for the possibility of declaring a person bankrupt.To obtain such status must be received by the debtor a statement on the recognition of an individual bankrupt, enclosing the packet of additional documents.Read on to learn more about this procedure in more detail.
provisions of the law on bankruptcy of physical persons
Under the current legal framework of the Russian Federation, citizens with heavy debts to creditors, officially declared insolvent.The bill came into force in 2015 (1 October).In addition to the application for recognition of an individual bankrupt, the debtor shall submit the documents proving its inconsistency.Package securities transferred to the arbitration court, which conducts a thorough study of the
- Failure to meet the requirements of credit companies in the 90-day period.The countdown begins with the day on which the citizen had to perform the duties specified in the contract.
- The total amount of loan debt exceeds 500 thousand. P.
- debtor did not make scheduled payments 3 months or more.
How to declare itself bankrupt
state bankruptcy procedure is initiated by an individual debtor when a good reason for this.Common events algorithm in such cases is as follows:
- citizen who has lost the ability to pay, refers to a branch of the arbitral tribunal (the place of registration) to officially declare it insolvent.To do this, file a claim in bankruptcy, and the attached paper, confirming the absence of the possibility of repayment of debts to the creditor companies.
- Employees check the validity of the arbitration court of the citizen initiative to declare itself insolvent.In the process of studying the materials of the case the debtor civil servants necessarily find out whether the applicant did not make big deals in recent years, do not give away whether the family property / transport, not translated whether any large sums without good reason.The arbitral tribunal will check all the information, in order to avoid fraud on the part of the citizen who wants to recognize themselves bankrupt.Any deliberate attempt to conceal the property and mislead the court can be a weighty reason for bringing the debtor to administrative / criminal liability.
- If the court confirms the insolvency of a citizen, his property will be seized.Debtor appoint a financial manager who will control the material situation of the applicant and will communicate with the creditors on behalf of the state.In addition, the responsibility of a specialist in the Finance Control includes drawing up a rehabilitation plan for the restructuring of a more or less acceptable to the parties to the terms (meaning the borrower and the borrower).If it is finally determined that the applicant's bankruptcy is inevitable, the manager will have to be assessed and the implementation of the seized property.
procedure for filing an application for declaring a citizen bankrupt
Federal bankruptcy law individuals provides a rigorous procedure for the treatment of debtors with a claim for recognition of insolvency.To submit this document, citizens must appear in person at a branch of the arbitral tribunal, fill out the form and send it to the responsible employees.Third parties are not entitled to the commission of such acts, even if there is a notarized power of attorney.
sample application on bankruptcy of physical persons
fill up the claim for recognition of an individual bankrupt, citizens must correctly identify all of the data that the process of examining its financial situation did not arise difficulties.Particular attention should be paid to such items as:
- size of the debt - he must exactly match the actual total amount of the debt at the date of filing of the claim;
- salary - it is necessary to specify the exact amount without taxes;
- monthly payment under the loan agreement (the citizen will be able to recognize the bankrupt in arbitration, if the amount of money is less than the minimum subsistence level will remain after deducting the planned payment);
- details of credit institutions with arrears.
What documents must be attached
to the arbitral tribunal may proceed with the study of the materials of the case of the applicant's bankruptcy, be required to submit a considerable amount of additional securities.The list includes the following documents:
- certificate confirming the existence of debts;
- documents proving the inability of citizens to repay their own debts to the creditors;
- contact details of creditors, to whom the applicant had failed to comply with contractual obligations;
- full inventory of the debtor's property with the exact stay / storage;
- photocopies of documents of title to the property, which has been described;
- photocopies of documents related to transactions with real estate / vehicles / securities over the past 3 years;
- information on movable / immovable property, adopted at the disposal of the donation;
- data about the current state of the applicant's personal account.
consequences of insolvency
Under the current legal framework of the Russian Federation, the recognition of an individual bankrupt is an indisputable basis for the full / partial exemption from liability for non-compliance / partial fulfillment of obligations under the loan agreements.Many Russian citizens news of the appearance of possible insolvency ad was overjoyed, but in practice, this status does not give more privileges.By the unpleasant consequences of bankruptcy could be considered the following restrictions and prohibitions:
- deprivation of the right to obtain loans (within the next 5 years);
- deprivation of the right to re-appeal for recognition of insolvency (within the next 5 years);
- deprivation of opportunities to occupy senior positions in commercial organizations and to participate in the management of a legal person by other means;
- high probability of loss of most of the real estate and transportation;
- obligation to pay part of the debt restructuring program for the next 3 years.