Advice 1: What individual bankruptcy

Bankruptcy of physical person is recognized by law, failure of the debtor ( citizen ) to satisfy in full the claims of creditors on monetary obligations or to perform the obligation on payment of obligatory payments.
Instruction
1
Signs of bankruptcy:- the Citizen is not able to meet the demands of creditors for debt obligations due to lack of funds, or he can not fulfill the obligation to pay the payments. Also, a bankrupt citizen will be considered if compliance is not completed within three months from the date when the debt was to be repaid its debt exceeds the value of the property.- A legal entity is considered to be unable to satisfy the claims of creditors on monetary obligations and fulfill the obligation to make payments for three months from date when they should be executed.
2
The basis for excitation of business about bankruptcy of physical persons is a statement about the bankruptcy, which must be filed to the arbitration court with observance of all norms specified by the law. Such an application may be filed as a creditor, authorized body or the debtor himself.
3
To the arbitration court a statement from the creditor or the authorized body is required for the following reasons:- monetary claim of the creditor or the authorised body to the debtor must be not less than 10 000 rubles;- funds should be established;- the debtor's obligations are not met within three months; expired 30 days since submission of the Executive document to the bailiffs and the debtor;
4
Necessary for the adoption of the arbitration court a statement of the debtor's bankruptcy:- if the debtor refers to circumstances indicating status of performance of monetary obligations and obligations to pay the obligatory payments within the specified period;- if the foreclosure on the debtor's property make impossible the continued economic activity of the debtor;- if meeting the requirements of one lender leads to the fact that the execution of monetary obligations by the debtor becomes impossible to other creditors.
5
The basis for the adoption of the arbitration court a statement of the liquidated debtor bankruptcy is a liquidation of physical entity, which establishes the impossibility of satisfying all creditor claims.
6
For decision of arbitration court of the application of the creditor or the authorised body on bankruptcy of the absent debtor need one of the following grounds:- the debtor or the debtor who has actually completed its activities, is missing;- the property of the debtor cannot cover the legal costs in the bankruptcy case;- if there are signs indicating the absence of entrepreneurial or other activity of the debtor;- if during 12 months before the date of submission of application with the knowledge of the debtor the bankrupt has not carried out operations on Bank accounts of the debtor.

Advice 2: What is the law on bankruptcy of individuals

The bill on bankruptcy of natural persons was adopted by the state Duma in the first reading in 2012, He aims to resolve the situation of debtors in Russia. The need for the adoption of the law caused by the boom in consumer lending that has been seen in recent days.
Often borrowers, having a loan, had to reborrow the money in other banks and take the new loan. As a result, the amount of monthly payments were unaffordable to the debtor. In a crisis, when many citizens have lost their jobs, the situation has only worsened.
According to statistics, the total volume of issued loans in Russia is 7 trillion rubles, among which 4.5% or 310 billion relates to outstanding.


If in Western countries such debtors always have the option to declare bankruptcy, to pay off debts and start a new life, in Russia such a mechanism is absent.

What is the meaning of the law



The bill in its most General form implies the following algorithm for the bankruptcy of the borrower:

Tax, the borrower or the lender makes a claim to the arbitration court on the recognition of the borrower's bankruptcy. To do so they can, if the borrower has a debt above 50 thousand rubles, which he had not paid the last 6 months. In this case, the borrower shall not have outstanding convictions.

If the court finds a natural person bankrupt, it defines a plan of debt restructuring for up to 5 years, and appoints a temporary administrator. What is the opinion of the lender about the payment plan does not matter. After five years from the debtor removed the status of "bankrupt".

The borrower must follow the established plan of payment of the debt, or his property is subject to forced sale at public auction.

In order to exclude possible abuse by the borrower, the bill provides for a restriction of the debtor's application is considered only if the funds for the remuneration of the Manager - 20 thousand rubles to exercise your right to declare itself bankrupt citizen could only once in five years.
During the year the debtor is recognized bankrupt, it is forbidden to do business and to borrow from the banks for five years. After he has the right to start a new credit history.



The advantages and disadvantages of the law from the point of view of the debtor



The benefits for borrowers are obvious - they get to pay the debt in the long term and preserve social and property status. At the same time, creditors will be able to reduce the cost of recovery of bad debts. The law also will allow to protect citizens from the actions of collectors.

Even in the case of a sale of the debtor's property under the hammer, it is illegal to pick up appliances (cost less than 30 thousand rubles); the objects necessary for the implementation of professional activities; money up to 25 thousand rubles; the apartment, if it is the only (with the exception of housing, decorated in the mortgage).

Among the shortcomings can be noted:

- the need for payment services Manager;

- the law could lead to stricter requirements for borrowers and higher rates on loans;

- the prohibition to do business, as well as to take leadership positions for the bankrupt.

Many experts in the shortcomings of the law - its use by those debtors who deliberately did not pay the debts. For example, when the amount of the debt is 1 million rubles and assets in the amount of 100 thousand, the latter is implemented in the course of trading, and the debt actually forgiven to the borrower.
Search
Is the advice useful?