In every person's life can be a time when he will not be able to cope with the weight of the debt: no one is immune from disease or failure.Due to federal law has withdrawn in October 2015 every individual, not just legal, it has the right to file for bankruptcy.The opportunity is there for those who have accumulated debt of more than 500,000 rubles, or past due loan for 3 months.Many people in these situations do not know how to declare itself bankrupt.Pass this procedure is very easy: find out how to become a bankrupt according to the rules.
position of bankruptcy physical persons law
Build should be on the law, issued in October 2015.He will tell you as a person to declare himself bankrupt.Be able to undergo the procedure of ordinary people and individual entrepreneurs.Released law says that any citizen of the Russian Federation can start action to declare bankruptcy if:
- he can not pay the loan for 3 months;
- him a debt owed to official agencies (supported by the contract), more than 500 000rubles.
Apply for a bankruptcy can be a bank, the tax authority or the people themselves, whose debt exceeded the total value of the property.Then the debt is permitted, and less than 500 thousand rubles.Every citizen of the Russian Federation is to remember only one thing: the procedure is the same person can go only once in 5 years.Before going to happen recognition of a citizen as bankrupt, it will have 3 options to solve the problem:
- Agree on installment debt to the order, timing of the repayment of debt have been revised taking into account all of its financial capacity.Installments may adopt, if the debtor has a permanent and stable income.During timely payments of installments of the debtor can not be declared bankrupt.
- confiscate and sell at auction all the tangible assets the bank can, if an individual took out a loan and collateral property was.All received funds will be used to repay debt
- creditor and the debtor may sign a settlement agreement.
If the court declares an individual bankrupt and confirm its insolvency, insolvency, he Financial Officer will be placed, which will sell all the property of the debtor, but no one has the right to take a person:
- only land and housing that itbuilt.
- Things for personal use and household articles for the home environment and daily use.
- Cash less than the minimum subsistence level.
- Fuel, which prepares an individual to eat, and which produces heating of the room.
- livestock, domestic animals and buildings in which they are placed.
- badge of honor, prizes, memorabilia and state awards.
«Sit" for 6 years are those citizens who decide to fictitiously go bankrupt.The Court will resort to such punishment, if he finds that an individual has decided to declare bankruptcy and artificially conceals part of his assets, income.
Who can get the status of a bankrupt
Any individual businessman or an ordinary citizen of Russia has the right to initiate the procedure.Russian citizen can apply for a declaration of bankruptcy, if he suddenly lost a steady income and to fix the financial situation in the short term will not.To do this, the debtor may specify in the text of the statement that:
- he burned down a house or apartment;
- he became disabled;
- he lost in a divorce most of its assets;
- loan term of delay of more than 3 months;
- debt more than the value of his property (to file for bankruptcy if permissible, and with less debt).
procedure of bankruptcy physical persons
Many Russian citizens do not know how an ad bankrupt.This procedure takes place in 4 stages:
- The court should apply for recognition of a bankrupt individual.This statement may apply: the debtor, its creditors, and if the debtor has died - a relative or heir to the authorized body.In addition, should apply:
- list of absolutely all debtors and creditors;
- collected all certificates for the last 3 years: on payments to the tax authorities, on the list of bank accounts and all deposits;
- full inventory of the property of a natural person;
- list of all transactions, if they relate to property, real estate, at a cost of more than 300 000 rubles (last 3 years).
- Court may consider debt restructuring and approve the new schedule of debt repayment, while taking into account the following:
- the debtor and his family members are required to stay a minimum of money in the amount of the subsistence minimum;
- timing of payments may be increased up to 3 years;
- monthly payments are reduced, so that an individual could pay them without compromising yourself.
- sale of debtor's property is carried out, if he has no money to pay off debt, and soon they will not appear.Bailiffs can put all the material assets for auction or sale.After scoring the court that an individual declared bankrupt, to forfeit the outstanding debt, interest at the bank is no longer accrued.However, the recovery of the property shall not be subject only:
- funds does not exceed 25 000 rubles;
- utensils, clothing, footwear;
- household appliances, which is less than 30 000 rubles.
- After the sale of tangible assets permitted, if the debt still remains, then the decision of the court, all claims are considered to be satisfied, the matter of the bankruptcy of the physical person is closed and any remaining debts that could not pay off, read closed.
risks and consequences
entered into force the bill was for the salvation of many people in Russia, because there was nothing to pay loans.Individuals immediately began to learn how to file for bankruptcy.The recognition of the debtor bankrupt in this situation would be for him to escape, but there are certain risks and consequences of such a decision.The consequences of bankruptcy are the following:
- Repeated bankruptcy a person can go through only after 5 years.
- Housing, bought a mortgage, it will be sold and the cash received will be used to repay debt.
- Bankrupt can not do business and open his own business for 5 years because it will be considered economically fragile man.
- loan for 5 years will not allow anyone, and after the expiration of the interest rate in the issuance will be higher, because spoiled credit history.
- All major acquisition of the property would have to negotiate with the financial manager.
- travel abroad a person is closed, even if the individual is sent on a business trip.
- bankruptcy procedure will be carried out and paid for by the debtor.
Therefore, each individual needs to know how to declare a national bankruptcy, and consider the consequences after its recognition as such.
Video: how to recognize themselves bankrupt the bank
How was the bankruptcy of physical persons in 2015 with the latest news on the topic of concern for many.See the proposed video - it will become a model for the procedure and tell a lot of good decisions.Those who are willing to make filing a claim in court, it is important to take into account the latest trends.Video details will explain how to get the entire stage from the debtor to the bank bankrupt.