new legal procedure on the territory of Russia on the recognition of the bankruptcy on the basis of the law "On Insolvency", which was discussed for about 10 years, was launched in October 2015.Yet there is a great deal of experience of judicial practice, how to recognize an individual bankrupt.Lawyers are trying to inform the public about the procedure and the possible consequences on especially when the recognition bankrupt physical persons confirmed by the court.We offer an introduction to the main provisions of the bill.
position of the new bankruptcy law individuals
many are still interested in the intriguing question of whether the law on bankruptcy of physical persons in a new wording adopted?Yes, the law came into effect:
- consider cases on whether an individual can declare bankruptcy, will be arbitration courts.
- take advantage of the new law has the right only to citizens of the Russian Federation at the place of their residence or temporary registration.
- start the procedure to legitimize bankruptcy can any citizen with debts total more than 500 000, for which there is no possibility of repay in a period exceeding 3 months.
How to declare itself bankrupt
Given the difficult economic situation in the country becomes more and more people are unable to pay off debts to creditors.Information as an individual file for bankruptcy through the recognition of the status of the court, will be useful to all those who got into a difficult life situation, related to cash, credit and are unable to pay banks, other creditor organizations.
Before you make the right decision about the beginning of the procedure, ask:
- how to write, to apply to the territorial Arbitration Court;
- where the debtor resides;
- what documents you need to attach to it.
federal law on the recognition of an individual bankrupt and insolvency № 476-FZ (12.29.2014) will initially collect documentation.It should confirm the inconsistency that existing loans could not be paid for more than three months due to low-income citizens.These documents are compulsorily attached to apply.
very statement, a sample of which the text is not difficult to find on the information boards of courts or on the Internet at the legal and regulatory sites should contain the following details standard information:
- surname, name and patronymic of the debtor with the indication of address, contact phone number and e-mail addressfor quick connection.
- data lender, indicating full name, as specified in the documents, the exact legal address and contact telephone numbers.
- data Arbitration Court, which served the statement of claim and the full name and address.
- Specifies the number of the credit agreement, the date of preparation, the conditions and the monthly debt repayment schedule.
- The exact amount of the debt at the time when to apply and the period of delay in payments.
- proof of income, which, after payment of the loan amount to the amount less than the subsistence minimum.FAQ 2 personal income tax is required.
main steps of the procedure of bankruptcy of an individual
Going to court can come from both the insolvent citizen, and from those who represent the interests of the creditors.After considering and acknowledging the validity of the request for bankruptcy, the judge starts the paperwork.The decision of the Arbitration territorial court should pass no more than 7 months, when the application was submitted.Separate the three main stages to the point as possible to recognize an individual bankrupt:
- collection of documents, correct registration of the application and transfer it to the court for consideration.
- With careful consideration of documents by judicial representatives, transfer the case to court in connection with the fact that the application is justified.It opens a bankruptcy proceeding in which an individual should look good citizen who find themselves in a difficult situation insolvent.
- Court proceedings and hearings on how to recognize a particular individual bankrupt.
risks and consequences
Wanting to mislead the court, some people may deliberately create a situation driven to bankruptcy or submit false information.In identifying the truth of deliberate bankruptcy imposed an administrative fine ranging from 1,000 to 3,000 rubles, according to the article.14.12 of the Administrative Code of the Russian Federation, in the worst cases, more than six years behind bars.Despite the small size of the penalty, the effects of the fine threatened by the fact that the member of the public already has the right to apply for debt restructuring.
When a person declared bankrupt, its movable and immovable property is sold at auction (with the exception of essential items).After the adoption of the new law, people zakreditovannye until the last turn, will have a guarantee that they have not taken away a house, household items, rewards, cash amount of up to 25 thousand rubles.
For man holds the status of a bankrupt five years.Strict prohibition to open new current accounts, receive dividends, conducting financial transactions, the ability to hold official positions in organizations controlled by special services.For the entire period of five years is automatically banned from traveling outside the state for any reason.
Videos about bankruptcy of individuals to the bank
Actual video, telling about the news on the eve of activating the law of the possibility of recognition of ordinary citizens bankrupt under the new wording.Consideration of the situation on both sides - the possible consequences of the recognition of the bankruptcy and the decision of temporary suspension of the payment of loans, giving a complete picture that can expect a man who decided to apply for the appointment of its bankruptcy court.