Bankruptcy individuals for recognition. Are debts written off in bankruptcy of individuals

Bankruptcy for many borrowers is a way out of a difficult situation. financial position. However, the path to financial insolvency is a responsible undertaking that must be approached with all seriousness and have an idea of ​​​​every little thing associated with it and remember the consequences of bankruptcy. individual.

Often the status of a bankrupt inclines a person to abandon this idea. But there are times when moral aspects are not discussed. How tangible the consequences will be is a purely individual question.

Who can be declared bankrupt?

In the legislation, the bankruptcy process is prescribed as an option for solving monetary problems. However, bankruptcy should not be considered in a simple way getting rid of the debt of a financial institution.

• Firstly, the court will not accept and consider every application for bankruptcy. The bankruptcy of individuals entails great consequences for the debtor. According to federal law, the borrower who started the process of financial insolvency must have a loan debt of 3 months in the amount of 500 thousand rubles or more.
• Secondly, at the time of application, you must provide information about the inability to independently repay the debt.

In addition, the debtor must have on hand documented information about his income / expenses, existing property as evidence of bankruptcy.

If the debtor contributed to the beginning of the bankruptcy, then the individual can count on the cancellation of debts for legal grounds, because otherwise the size of the debt will begin to grow, and subsequently it threatens the creditor himself with such a statement. Thus, the amount of debt will increase several times, and the borrower may end up completely deprived of his property.

Many borrowers make the mistake of thinking that a court will get rid of their debts. The debt is repayable. In rare cases, it is possible not to repay the loan. However, this is more the exception than the rule. Typically, the bankruptcy of an individual has other consequences.

Property owned by an individual is subject to sale or otherwise sold at auction so that the money cashed out can pay off the debt or part of the debt of the bankrupt.

Realizes the property only arbitration manager, who is appointed by the court. The owner of the property is not in the right to offer him any transactions, since they are automatically invalidated.

The debtor does not have property subject to seizure

A significant obstacle will be the lack of property from the debtor, since it is possible to repay the loan at the expense of it. At present, legislators do not have an exact scheme for solving such a problem. There is no consensus on what kind of decision the court should make. But you need to understand: even if there is no property, the debt will have to be returned.

If an individual without property becomes bankrupt, all other consequences of financial insolvency await him. In addition, it is possible to cancel some of the borrower's transactions, which may serve to return to the bankrupt property eligible for withdrawal.

Negative Consequences of Bankruptcy

What are the consequences after the bankruptcy of an individual? A citizen receives bankrupt status for a period of 5 years. It is believed that during this time a citizen should make attempts to improve his financial situation. During these 5 years, a citizen cannot repeat the procedure for declaring him bankrupt. As a deviation from the rules, an application submitted by the arbitration manager may be.

Bankrupt acquires some privileges:

• the amount of debt is reduced;
• payments can be deferred;
• There are no fines or penalties of any kind.

But there are also a number of negative consequences:

• within 3 years after obtaining the status of bankrupt, registration of a legal entity is prohibited.
• it is forbidden to register an individual entrepreneur;
• travel outside the Russian Federation is prohibited;
• inform financial institutions about their status if an individual decides to take out a loan before the bankruptcy ends.

Consequences for relatives

Financial insolvency refers to processes of a personal nature. But the bankruptcy of individuals in some cases can have consequences for relatives. In the event that relatives did not sign under the obligations of the debtor as a guarantor, then they will not bear monetary responsibility.

But do not forget about the deals that can be concluded between the spouses. Purchased property during marriage is common property (if not marriage contract). And it is quite logical that if it is sold by the second spouse, complications can be expected.

Before starting the sale process common property you need to consult with a specialist. In case wrong decision or an incorrectly implemented idea, you can find yourself in predicament. And then it is no longer possible to talk about personal bankruptcy.

This needs to be remembered

What else should be said about the bankruptcy of individuals and its consequences? In case of fictitious bankruptcy, administrative and criminal liability is threatened. The financial insolvency of an individual is a transparent procedure. If a court or an arbitration manager suspects a citizen of trying to play with the law and subsequently increase his cash flow through bankruptcy, he will be liable in accordance with the law.

An attempt to circumvent the law with the help of fictitious bankruptcy is the deliberate concealment of real income, property and other accumulated funds, in addition, the provision of false documents indicating financial insolvency.

In case of damage in the amount of 1.5 million rubles, a prison term threatens. If the amount does not exceed 1.5 million rubles, the individual will be held administratively liable.

If a person cannot cope with debt payments, from October 1, 2015 he has the right to file an application for declaring himself bankrupt. If the court accepts his application, then the bankruptcy process of an individual may begin. Consider the procedure for collecting from a bankrupt individual of his debts.

Collection start

The bankruptcy procedure starts immediately after an individual has been declared bankrupt. The observation procedure begins and the arrest of a citizen's property is introduced. Not all, there are exceptions. Not arrested:

• the only dwelling of the debtor (an exception is mortgaged dwelling) and the plot that goes along with it;
• household appliances that cost less than 30,000 rubles;
• personal items;
• Pets;
• cash an amount equal to the subsistence minimum of the debtor and dependents living with him;
• state awards;
• Food.

Grigory Areniev

Transactions on the transfer of property to a spouse or relatives made within a year are recognized as invalid. Property in joint ownership is allocated by a court decision to repay the loan.

Valuation and sale of property

The property is being valued. The debtor may, if desired, apply for the release of his property from arrest if a guarantee is provided by a third party. If the debtor is ready to pay off debts, then the procedure can be postponed, but not more than for a month. The same situation may arise when the debtor wants to conclude settlement agreement. If this does not happen, then bankruptcy proceedings i.e. the sale of property. During this production, the debtor is not charged penalties and fines for unpaid debts, interest on loans, and so on.

The property is sold through the system electronic trading in accordance with the law. All the money from the sale goes to pay off the debt, although it often happens that a person at the time of bankruptcy simply does not have property suitable for sale.

Alternatives

There are alternatives that will avoid such procedures. A person can try to pay off debts under a plan that is developed on the basis of section 204 of the Bankruptcy Law. The debtor prescribes the terms of repayment of debts, indicates how much he will have left for household expenses, and how much he will give in favor of repaying the debt. If payments are made regularly, then the bankruptcy process can be terminated. Similarly, the debt restructuring procedure is carried out, which usually occurs in the case of bank loans.

If a person has debts for alimony or for payments for causing harm to health, then they are paid in the first place. The court then distributes the funds among the creditors in order of priority.

What don't financial managers say about bankruptcy of individuals? Why does this procedure cause controversy among professionals? In this article, you will learn the whole truth about bankruptcy from the managers themselves!

In the media, news reports and analytical articles are full of monthly statistics and opinions of high-ranking officials on the topic of bankruptcy of individuals - in Russia, the procedure is only gaining momentum, is being formed arbitrage practice in certain situations, in connection with which there is no unequivocal opinion on this matter. Remember, bankruptcy law persons began to operate only from October 1, 2015, that is, less than 2 years ago. This, in fact, leads to the fact that some citizens are afraid of bankruptcy, while others actively bankrupt themselves in judicial order.

We tried to deal with the fears of hopeless borrowers and find out exactly what moments scare them in bankruptcy. We also received expert advice from financial managers who told how the best way you should prepare for the procedure (step-by-step instructions for bankruptcy), why ordinary citizens should not be afraid of it, and how to achieve 100% successful debt cancellation in the courtroom.

The nuances of the bankruptcy procedure for individuals - what are the managers silent about?

What scares debtors: fairy tales and real provisions on the bankruptcy of individuals. persons

Due to incorrect filing of bankruptcy information ordinary citizens on the part of the media, certain myths have been formed in society that have nothing to do with the real No. 127-FZ (bankruptcy law).

1. In case of any delay on loans, the bank will apply for recognition of the insolvency of the debtor

This is absolutely not true. Banks can initiate bankruptcy proceedings only if you meet all the criteria for bankruptcy. That is, you must have a delay in payments of at least 90 days, and you must also have a debt of 500,000 rubles.

Interestingly, you can file for bankruptcy even if there are no delays in payments. This procedure is enshrined in Part 2 of Art. 213.4 of the Bankruptcy Law. For example, if a citizen was admitted to the hospital, fired from work, and at the same time he has loans. In this case, you can also apply to the court with a bankruptcy petition.

Banks rarely initiate bankruptcy, because the costs of the procedure simply do not justify themselves. It is easier for them to go to court with a demand for debt collection through bailiffs, or even transfer the case to collectors.

2. When filing for bankruptcy, you do not need to worry about the financial manager, his appointment is within the competence of the court

As a result, such a delusion ends with the fact that the citizen randomly puts the chosen SRO (without even looking at the SRO website), the court makes a request and receives an answer that all the managers refused to deal with the case. The procedure is closed, the debtor is left with nothing. Why doesn't it work?

Practice shows that a financial manager for bankruptcy must be sought in advance. And independently agree on all expenses, since 25,000 rubles is not the amount for which a specialist will be happy to deal with you. In reality, the manager's fee can average from 50,000 rubles.

3. If you start bankruptcy, you should be prepared for the fact that the court will close travel abroad

Such cases are isolated. This can only happen under the following conditions:

• if, in the process of selling property, the court ruled on a ban on leaving the territory of the Russian Federation on its own;
• if a petition was filed with the court from creditors or the manager, and the court made a positive decision.

After the beginning of the bankruptcy procedure, all enforcement proceedings against debtors are terminated, that is court rulings previously issued are no longer valid. Accordingly, you again become a free bird. If you were previously banned from traveling abroad, then after the first court hearing on bankruptcy, you will again be able to travel outside of Russia. If you need to leave, but at the same time the court forbade you to leave the territory of the Russian Federation, seek the help of a good lawyer who will help you arrange everything Required documents to obtain an exit permit.

4. All transactions made in the last 3 years will be challenged

No, this is far from true. Only those transactions that are in doubt will be challenged. For example, if you are for Last year sold the car at a symbolic cost, then such a deal will certainly be challenged. Also, if you have entered into any agreements with relatives (for example, gift agreements) in the last 3 years, they can be challenged.

5. Bankruptcy is recognized only if there is a half-million debt and a delay of 90 days

In fact, there is another sign by which one can determine the onset of bankruptcy - circumstances that contribute to the onset of insolvency in the near future. To protect their interests, a citizen can go to court, even if he understands that the state of “nothing to pay for loans” can only occur after 2 months.

What can happen to property in the event of bankruptcy of individuals: a brief overview

In most cases, within the framework of the bankruptcy of physicists, the sale of property is appointed, and all the property of the debtor is subject to sale in order to repay the claims of creditors. As you know, there is property that cannot be included in the bankruptcy estate and withdrawn for the purpose of its further sale.

For example, the only apartment of a citizen (property that is not subject to seizure under any circumstances is indicated in Article 446 of the Code of Civil Procedure of the Russian Federation). However, this does not include collateral - in particular, housing purchased with a mortgage loan. Mortgage property after inventory will be auctioned in bankruptcy. The funds will be returned to the bankruptcy estate for the purpose of further distribution among creditors.

Consequences of bankruptcy: good and bad news

In case of bankruptcy, there are consequences that occur during the procedure and last the entire period litigation, and the consequences that occur after the completion of the procedure and the recognition of bankruptcy. Let's take a step-by-step look at the main pros and cons of insolvency.

So, from the moment of the first court hearing on bankruptcy, the following consequences occur:

• enforcement proceedings in relation to a citizen are terminated, the property and bank accounts of the debtor in case of bankruptcy are not subject to arrest or seizure;
• debt obligations are subject to repayment in order of priority;
• claims of banks will be sent to the court that is considering the bankruptcy case;
• the amount of debt in bankruptcy is fixed as the body of the debt, fines, penalties and accruals are no longer taken into account.

After the completion of the bankruptcy procedure, the citizen no longer owes anything to anyone, all debts that remain after the sale are written off. However, there are the following consequences:

1. First 5 years after bankruptcy:
   • prohibition on re-recognition of insolvency;
   • ban on obtaining IP status.
2. Within 3 years of bankruptcy: no management positions.
3. The impossibility of hiding the fact of bankruptcy to banks.

How much does bankruptcy cost in Moscow?

So, how much does it cost to declare yourself bankrupt and write off all your debts? The costs of the bankruptcy procedure include not only the services of the manager and the state fee, but also other costs. In particular, this includes:

• publications in the EFRS;
• publications in the Kommersant magazine;
• services of independent experts;
• postage;

Prices for the bankruptcy procedure are formed from these costs. even in the simplest insolvency procedure, the costs in amount will be from 40,000 rubles.

The declared cost of bankruptcy also includes a range of legal services, which usually include the preparation and submission of documents, applications, case management, informing and advising the client, any legal assistance in the case. Specialists do not work on forms, they independently draw up all the necessary documents needed for the case. Legal training in bankruptcy provides certain advantages that allow you to move forward faster and achieve recognition of bankruptcy in a timely manner.

FAQ

Fraudster wants to declare himself bankrupt

Almost any person who meets the requirements of Art. 213.3. However, in jurisprudence there is such a thing as fictitious bankruptcy - in such cases, a person wants to recognize his bankruptcy, deliberately not wanting to pay his debts, having all the possibilities for this. This is called fraud.
If the true, fraudulent intentions of the bankrupt are revealed during the bankruptcy process, he may be held administratively liable.
At the same time, debts will not be written off after the sale of property and settlement with creditors - if the settlement is incomplete, the fraudster who wanted to declare himself bankrupt will be responsible for the remaining debt obligations. That is, in fact, the bankruptcy procedure in the usual manner for such persons is impossible.

Can a person in bankruptcy proceed to work?

Many are interested in whether a person in the bankruptcy process can work? Of course it can. However, it should be noted that all the property of a potential bankrupt, including funds received on accounts, is a bankruptcy estate, which is intended for settlement with creditors on debt obligations.
However, the debtor, if he lives on his salary, may apply to the court to exclude part of the funds from the bankruptcy estate. The norms of the legislation establish that the funds necessary for the living of the debtor (in the amount of the living wage), as well as persons dependent on him (for example, minor children) may be subject to exclusion.

Can I be denied bankruptcy if I have no property and a small salary?

What can collectors do?

According to a number of provisions current legislation, any bank or credit institution has the right to sell the debt without the consent of the debtor, under an assignment agreement. The most common situation in practice is the sale of a private person's debt by a bank.
Usually, in this case, the procedure for repaying the debt should not change - only the details for which the debt is repaid are changed. What can collectors do? If the debtor does not repay the debt, then they have the right to charge penalties and interest prescribed under the contract, periodically make calls and send official letters with notices.
Collectors do not have the right to "get" the client: call at night, threaten, call work or harass the debtor and his family, in such situations the latter has the right to apply to the Ministry of Internal Affairs.

Will bankrupts be restricted from traveling abroad?

The court may decide to restrict the debtor from traveling abroad, if it considers this necessary measure. This is enshrined in Art. 213.24 No. 127-FZ "On insolvency (bankruptcy)". Thus, any debtor may be limited in his right to leave the territory of the Russian Federation.
The exception is cases when such a trip is necessary for important reasons - for example, if the debtor is ill and he has an operation abroad, or the debtor's work involves private business trips.
However important point- such restriction is valid only within the framework of the bankruptcy procedure. If we are talking about on the consequences of declaring bankruptcy - then bankrupts are not limited in the right of movement, in accordance with the provisions of Art. 213.30.

Can a collector claim an amount greater than the outstanding debt?

An outstanding debt is a debt that has been recognized in a court of law. That is, when recognizing it, any penalties, fines and other charges that banks usually sin with are often ignored. In fact, after the debt is recognized in court, the accrual of any interest or penalties simply stops.
So, can a collector claim an amount greater than the outstanding debt? No, because it would just be illegal. However, collection agencies often act by not entirely legal methods, and in the case of active extortion of an amount greater than the outstanding debt, the debtor should simply contact the police with a statement.

The norms of the bankruptcy law that regulate the bankruptcy of individuals. persons also apply to individual entrepreneurs. So, in relation to individual entrepreneurs, the procedure for declaring bankruptcy is actually no different from declaring ordinary citizens bankrupt. The stages of bankruptcy are the same: the process begins with restructuring (the process can also begin with the sale of property if the debtor does not have an official source of income), followed by the procedure for the sale of property, then - recognition of bankruptcy in court.
If the restructuring was not approved, or if the debtor did not follow the approved payment schedule, then the court may decide to sell the property. From this moment on, everything that the IP owns is a bankruptcy estate, which is managed by the financial manager. The exception is the things listed in Art. 446 Code of Civil Procedure of the Russian Federation, as well as property that can be excluded in court at the request of the debtor.
So, how to save a car in case of bankruptcy of an individual entrepreneur? If the car does not belong to the property that is subject to exclusion from the bankruptcy estate under the Code of Civil Procedure of the Russian Federation, then the individual entrepreneur may independently apply for the exclusion of such property, if there are reasonable grounds for this.

Get legal advice

Since 2015, a law has been in force in Russia, which involves the conduct of bankruptcy proceedings for citizens. Some people mistakenly believe that initiating this process is a guarantee of getting rid of financial obligations.

In reality, the mechanism of action here is different. Let's find out what debts are written off during the bankruptcy of individuals, what such a procedure looks like and what borrowers are entitled to expect.

Since this procedure has not yet received widespread practice, the Russians do not know how to apply the mechanism of the system. Some people are convinced that declaring a defaulter a financially insolvent person does not release from the obligation to pay the debt. Other citizens believe that bankruptcy is a complete economic rehabilitation of the debtor. Note that both opinions are wrong.

People who are not strong in knowledge of the legislation of the Russian Federation are often mistaken in the interpretation of the bankruptcy procedure and debt cancellation

The procedure involves a detailed study of the solvency of the borrower, based on the facts provided to the court. Moreover, the first stage in the consideration of the case is the proposal. And only under the condition of complete financial insolvency of the defaulter, the judge initiates the bankruptcy process.

note, here the valuable property of the debtor is first sold to pay off the arrears to creditors. And only after this step the defaulter will receive some financial freedom.

However, certain unpleasant things are inevitable here, which the bankruptcy of individuals is fraught with. Debt cancellation in this situation is overshadowed imposition of economic sanctions and restrictions. In addition, complete financial deliverance is possible only in certain cases, which we will consider below. Besides, separate categories debts and are not subject to such a procedure at all.

Lawyers say that when initiating the bankruptcy process, the court writes off the defaulter's debts only partially

The desire of an unscrupulous borrower to get rich illegally and start a similar process is not the most best idea. In such situations, the debtor runs the risk of appearing before the court in a different guise - as an accused of an economic crime. Thus, to the question of whether the debts of individuals are written off during bankruptcy. persons, lawyers respond positively. However, in this case there are nuances that are appropriate to consider.

How is the procedure

Now let's clarify the mechanism judicial trial. accepted if the borrower has accumulated debt, regulated by Art. 6 of the Federal Law "On Insolvency", and payments on creditors' accounts have not been made for 3 months. When finding out the impossibility of restructuring the debt by the defaulter, the judge proceeds directly to the solution of the main issue.

The debtor who wishes to write off the debt is limited in financial and civil rights

Please note that getting rid of the credit "anchor" is beneficial only to those people who do not have valuable property. After all, before writing off the accumulated, the court decides on partial compensation for damage to creditors. First of all, the collateral that secured the loan “leaves” the auction. And when there is no such property, the borrower parted with things that are subject to compulsory collection.

Keep in mind that the only residential property purchased on a mortgage, contrary to popular belief, is withdrawn to pay off the arrears if children under 18 are not registered there.

The financial manager describes the property of the defaulter, highlighting the property that can be sold to pay off the debt

True, the legislation provides for a moratorium on the alienation of the only immovable property of other categories. Besides, The list of property that is prohibited for collection includes the following things:

• personal hygiene items;
• products;
• cloth;
• child's things;
• medical preparations and equipment;
• life support equipment for the disabled;
• insignia and awards;
• equipment used by the defaulter to generate income.

As you can see, in such a situation, the recovery begins with an inventory of the borrower's property. This role is filled by an appraiser or interim treasury. Economic restrictions are an additional inconvenience here.. Accounts and bank cards of the debtor are blocked, assets are frozen, a ban on the conclusion of financial transactions starts.

The debtor runs the risk of losing a car, luxury items and even an expensive household appliances

The non-payer loses the right to manage the property - for the period until the court verdict is issued, the manager withdraws funds from each receipt of the debtor's profit, leaving the person with an amount equivalent to the subsistence minimum. In addition, an unpleasant addition to the procedure is the ban on leaving the territory of Russia.

note, transactions that were concluded by the borrower over the past three years are canceled, which will entail additional financial problems.

If we talk about property that is subject to seizure, then lawyers talk about the confiscation of a car, securities, household appliances worth from 30,000 rubles. Recover jewelry, antiques, expensive interior items and art. True, in such situations, the borrower is left with kitchen furniture, storage systems, and a dining set.

For these reasons, it is advisable to think carefully before initiating the bankruptcy of individuals - the cancellation of debts by law takes place only after the court is convinced that the defaulter does not have valuable property. And in situations where the borrower has, say, a car, it is more appropriate to apply for restructuring.

How efficient is the process

Let's briefly discuss the relevance such actions for people who, due to certain circumstances, have temporarily lost their ability to pay. Be aware that bankruptcy involves serious inconveniences and restrictions.. In addition, in situations where the court detects fraud on the part of a potential bankrupt, the chances of initiating a criminal case increase.

Accordingly, here it will not be possible to get rid of financial obligations, and problems will only be added. In addition, the recognition of transactions of sale and purchase of expensive property of a defaulter on the eve of filing a lawsuit for bankruptcy is a reason for the annulment of such contracts. Lawyers recommend getting out of the debt hole in this way only to people who accidentally find themselves in a difficult situation. financial situation and there is no other way out.

Achieving the desired result

When the borrower is convinced that there is nothing to take from him, and does not have a stable and regular income, the way out of the situation is to bring the matter to the end. It is easier to achieve a full write-off of late payments in such cases if a person is not afraid of economic sanctions and restrictions on civil rights.

Debt cancellation in case of bankruptcy of individuals is beneficial only to insolvent citizens who do not have regular income

After making sure that the citizen is insolvent, the court “forgives” the accumulated arrears. However, in such situations there are some nuances. Remember that it is impossible to get rid of all financial obligations by deciding to initiate bankruptcy of individuals. What debts are not written off, we will consider in the next chapter.

What payments can be avoided and what will have to be reimbursed

Let's start with the pleasant part for borrowers - financial obligations, which are canceled if the debtor is declared bankrupt. This group of arrears includes delays in payments on bank loans, and accrued interest, penalties, and fines on payments. This also included delays in payment.

Bankruptcy is a reason to write off debts to banks, housing and communal services and other individuals

Debts that have been formed on receipts between individuals or debts that have arisen as a result of late payment of state fees are subject to write-off. In addition, earlier recognized by the court Payments for compensation for material damage The Arbitration has the right to completely cancel.

However, arrears are subject to mandatory compensation, which are classified as current payments or personal debts of a citizen. This category of obligations must be recovered from the non-payer.

The debtor will not get rid of the obligation to pay alimony. Please note that it is these groups of debts that are under the close supervision of government departments, and here the most severe sanctions are applied to the non-payer. In addition, the bankruptcy of an individual entrepreneur does not become a reason for writing off arrears on, severance pay and a number of similar payments to hired personnel.

In this case, current payments, for example, alimony, are not written off.

Contributions approved by the court for causing moral or physical harm remain mandatory. Thus, debts under this category of payments cannot be repaid by recognizing a citizen as a financially insolvent person. Please note that the listed obligations do not expire until the final settlement with creditors.

As you can see, bankruptcy is a complex legal tool designed to fight the arbitrariness of creditors. However, with this fact, the court objectively assesses the circumstances and makes a decision, guided by the facts. By given reason people who are unable to satisfy the growing "appetites" of creditors, but are able to gradually pay off accumulated debts, consider restructuring.

In addition, the consequences of this decision often "outweigh" the amount of debt that the judge writes off. Recalculate the categories of arrears that can be cancelled. Then compare the amount received with the number of obligations that are not liquidated. This figure shows how expedient the process is.

Getting rid of the economic burden through the court involves a long trial, lasting at least six months. And here you will need a package of papers, testifying in favor of the defaulter.

We think that the readers, for whom the above information turned out to be useful, will independently draw conclusions about the advisability of launching bankruptcy. Of course, in some cases there is no other way out, but when a citizen has a chance to pay off payments, it is appropriate to “improve” business reputation and pay off creditors.