How does the bankruptcy procedure go? faces? Where to start the procedure?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

From not so long ago in our country, the bankruptcy procedure for individuals has been launched and continues to function. faces. Most likely, this event was initiated by the state and enshrined by the legislative bodies not by chance, but in order to prevent some negative consequences that may be caused by the insolvency of citizens who, for example, took a loan from a bank, but cannot return it for some objective reasons. What is the bankruptcy of individuals, the order, procedure, consequences of its application - all this will be analyzed in this article.

Legal regulation

The bankruptcy of a citizen is regulated by the same law as the insolvency of a legal entity, and more specifically, by Federal Law No. 127 “On Insolvency (Bankruptcy)”. However, earlier in this regulatory document, there were no citizens in the list of persons who may be subjected to the procedure in question. Only in July 2015 did he joinlaw No. 476-FZ, in accordance with which amendments and additions were made to the original document. In particular, the text has been supplemented with a section that provides for the bankruptcy of individuals. persons. The order, procedure, consequences of using such an opportunity to do away with debts are set out in this legislative act, as well as in other regulatory documents.

Regulations in this area apply to individuals who do not have any sources of income, and therefore, any, even the slightest opportunity to pay off creditors. In these federal laws, in addition, the conditions for restructuring are named, its procedure is described, and the sale of the debtor's assets to close the claims of its lenders is regulated.

General information

The procedure in question can only be carried out by applying to the judicial authorities, which must carefully examine all the documents and evidence of insolvency submitted. As a result of such a study, the court must decide whether it is possible to declare a person bankrupt or not. Judicial bodies must determine whether a citizen or an individual entrepreneur is really insolvent, whether their application or another person's application for bankruptcy is justified. If such an application is not substantiated, then the court must refuse to satisfy it. And vice versa, if a person has debts, including overdue ones, and his insolvency is confirmed, then the court is obligedto declare him bankrupt, or rather, by a court decision, the bankruptcy procedure for individuals is introduced. faces. As part of the event under consideration, a citizen's debts can be restructured.

Some conditions

It is necessary to understand that the bankruptcy procedure for individuals simultaneously implies the establishment of specific restrictions on the rights of an insolvent citizen. Of the latter, one can single out a ban on any transactions with property, a ban on paying any types of debts. At the same time, such prohibitions are imposed not only on citizens who are at the stage of bankruptcy, but also on creditors. Thus, the latter are forbidden to foreclose on the bankrupt's property, even if it is pledged to them.

The above normative act establishes how the bankruptcy procedure for individuals is carried out, including the requirements for potential applicants. For example, it defines who can be declared bankrupt. In addition to legal entities, individuals can also be subjected to such a procedure. At the same time, individuals are understood as private entrepreneurs, and farms, and persons who have ceased activities related to business, but who still have some debts.

The law that came into force in July 2015 also regulates some innovations. So, only an individual whose debt exceeds five hundred thousand rubles can be subjected to such a procedure. At the same time, the period of such an overdueobligations must exceed 3 months. Some other factors that should be taken into account: a citizen against whom proceedings may be initiated must not be convicted, and the total amount of his debt must be higher than the total amount of his assets. In the next five years after the completion of the procedure for recognizing the bankruptcy of physical. person, such a citizen will be deprived of the right to re-submit a similar application to the judicial authorities. And if such a person has previously been held liable for false or deliberate bankruptcy, then the application from him will not be accepted at all.

How this process happens

Procedure for bankruptcy of individuals. The aim of a person is to legally settle the legal relations that have arisen between a citizen and any financial organization. At the same time, it is far from easy to become bankrupt, the legislator provides for various mechanisms that prevent the recognition of persons who are not actually considered bankrupt. Among them are a check for lack of income, and a check for the lack of movable and immovable property.

How to start the bankruptcy procedure for individuals. Faces are probably the most important issue. In general, the procedure itself begins from the moment the relevant judicial act enters into force. At the same time, the arbitration manager, that is, the person who will work on the implementation of the bankruptcy procedure, seizes the property of the person. At the same time, you should be aware that such an encumbrance may not be imposed on all the property of a bankrupt; legislative acts provide for a list of things and objects that cannot be arrested.be imposed. After the arrest and inventory of the bankruptcy estate, an authorized person must conduct an asset valuation.

Through the judiciary, a person against whom the procedure in question has been initiated can file a petition for the encumbrance to be removed from his property on the basis that he will repay the debt, or is ready, for example, to conclude a settlement agreement with creditors. In addition, the debtor may present to the court and creditors a guarantee and surety of any person, whether legal or natural. Also, with such positive actions of the creditor, the court may postpone the start of the bankruptcy process for one month. During this time, the defaulter will be able to come to the conclusion of a settlement agreement with creditors. Therefore, knowing how to go through the bankruptcy procedure for an individual, knowing all the points and subtleties of this process, it will be possible to choose the best option for solving this problem.

In the event that an individual, in respect of whom the process of declaring him insolvent has begun, has not been proven in court that he can or has the intention to repay the debt, the judge issues a judicial act, which begins bankruptcy proceedings. In the course of this production, all claims against the debtor, collection of enforcement orders, accrual of pen alties and fines are stopped. Claims available to creditors who did not have time to declare them through the court and collect the debt in court, after the start of the procedure, are submitted for consideration to the bankruptcya manager who knows how to carry out the bankruptcy procedure of a natural person. faces. It is he who will decide on the validity or invalidity of the claimed claim. In any case, the manager's decision can be challenged in court.

Initiating a case

So, after all, where to start the bankruptcy procedure for individuals. faces? To begin with, it should be clarified that this procedure can be initiated not only by the citizen's creditors, but also directly by him, as well as by authorized bodies, which may include the tax service, the municipality, and others. Naturally, before submitting an application to the judicial authority, the applicant needs to collect all possible supporting documents, which, firstly, will certify the existence of a debt and its long non-fulfillment, and, secondly, will prove the insolvency of a citizen, that is, that his property and income are small to close absolutely all claims. Only after collecting all such documents, you need to write an application and take it to the court, attaching all copies to it.

In cases where the applicants are creditors of a citizen or an authorized organization, they are required to attach not only the above documents, but also written evidence that they applied to the debtor, demanded repayment of the debt, indicated the terms in which it must be repaid.

Do not have the right to initiate bankruptcy proceedings for persons in whose favor alimony payments, payments for harm to he alth, as well as other amounts,directly related to their personality.

Procedure for the bankruptcy procedure of individuals. a person is regulated by law and begins with the filing of an application for declaring a citizen, individual entrepreneur or other person bankrupt. Of course, the application must be executed in the manner established by the rules, must meet all the requirements that are listed in the bankruptcy law itself, as well as in civil procedure legislation. The submitted document must show the following data:

• Indication of the judicial authority to which the application is submitted.
• Personal data of a citizen who should be declared bankrupt.
• Details of the creditor or authorized organization (if the application is submitted by a non-citizen).
• Amount of debt, indicating the period of its existence.
• List of assets owned by the citizen-debtor.
• The reason why the applicant considers the citizen insolvent.
• Other important circumstances, according to the party to the proceedings.

All these data are indicated directly in the application. However, supporting documents must be attached to the application itself. This is:

• Documents proving the absence of income or its presence.
• Certificate stating that a citizen is unemployed or a certificate of employment.
• Information about the composition of the family.
• Certificate of residence.
• Documents showing dependents.
• Wage Guaranteemanager in writing.
• Notifications and demands of lenders, authorized organizations sent to the debtor.
• Valuation report (if creditor sues).
• Document confirming the payment of the state fee.

Asset sale

How will the bankruptcy procedure for physical. persons, of course, depends on the manager, his experience and skills, as well as other factors. The most important stage in this procedure is the sale of the debtor's property. The degree of repayment of debts to all creditors will also depend on how it will be carried out, on the results of the sale of property. Therefore, creditors have the greatest interest in selling property at a higher price. As already mentioned, all assets owned by a citizen in respect of whom the bankruptcy process is being carried out are inventoried by the manager and included in the total bankruptcy estate. After its evaluation, the sale is carried out through open and fairly transparent bidding. At these auctions, anyone can purchase the property for sale. The proceeds from such a sale are distributed by the bankruptcy trustee among the creditors, but in accordance with the principle of priority. In case of a shortage, they are distributed in proportion to the existing debts.

Here it is necessary to list the property on which the encumbrance cannot be imposed, respectively, and it cannot be realized:

• The land on which the onlybankrupt housing, and such housing itself.
• Personal items.
• Medals, orders and other awards.
• Sums of money in the amount of the amount of the defendant's subsistence minimum determined for the corresponding year, as well as the persons who are on his support.
• Foodstuffs.
• Animals (pets).
• Household appliances, the price of which does not exceed thirty thousand rubles.

And although the bankruptcy of individuals, the procedure, the procedure for its implementation, including the sale of assets, are provided for by legislative acts, in practice, such debtors who have property suitable for sale are quite rare. You also need to note that real estate pledged to a bank and serving as collateral for a mortgage loan can also be sold.

Queues

How to start the bankruptcy procedure for individuals. faces, the process of its implementation seems to be clear. But how are the funds received from the sale of the debtor's assets distributed? Repayment of debts to creditors, as mentioned above, is carried out in order of priority. First, the claims of the first priority are satisfied. After the full repayment of the claims of this queue, the claims of the second and then the third queues are repaid. The first priority includes creditors to whom the debtor is indebted for harm to he alth or life. Also included in this queue are alimony creditors. Along with this, remuneration is paid to the manager, as well as to the persons attracted by him. The second line includesthemselves of persons who have wage claims against the debtor. The third includes requirements for payment for utilities and payment for the housing itself. Fourth line - other payments.

The listed creditors and their claims are satisfied on a priority basis, as they are considered creditors for current payments. For other lenders, which were included by the manager in the list of creditors' claims, there are three stages. Similarly, their claims are repaid sequentially. At the same time, the claims of creditors who are in the same queue are satisfied taking into account the one who submitted his claim to the manager earlier, that is, by calendar sequence.

Claims of creditors, for the repayment of which there was not enough money after the sale of all the assets of the debtor, are considered settled.

Consequences of the procedure

How the bankruptcy procedure for individuals is carried out is interesting to many, but not everyone understands that after such a process, certain restrictions will be imposed on the bankrupt by the court, that is, he will not be able to exercise some of his rights within a certain amount of time. So, among such restrictions: a bankrupt will not be allowed to engage in any entrepreneurial activity, in particular, to hold senior positions in legal entities, to apply to financial organizations for loans without notifying these organizations of the fact of their bankruptcy.

During the five-year term, a bankrupt citizen does notthe right to file for bankruptcy again. And in those cases when a bankruptcy application is received from other persons within the same period, the bankruptcy process will take place somewhat differently. So, after its end, the citizen's debts will not be written off if there is not enough money to pay them off. Such creditors will be given the opportunity to obtain enforcement orders and continue to collect debts from the bankrupt.

Restructuring

Procedure for bankruptcy of individuals. entity may provide for restructuring. This term refers to the revision by the lender of the loan repayment schedule. This can be a reduction in the monthly payment with an extension of the term, and writing off pen alties, fines, and other options mutually beneficial for the parties. Basically, lenders, especially banks, are aware of how the bankruptcy procedure of an individual takes place. faces, and that after its completion they are unlikely to get anything. So they are, for the most part, willing to restructure.

In order for the court to allow the restructuring, it must provide a clear plan for how the debt will be repaid. This plan should describe all the expenses of a citizen, including the monthly maintenance of dependents. If the plan convinces the court, it may grant a period of up to three years for its implementation. During this period, the person is obliged to repay all debts. If this happens, the bankruptcy case will be terminated, and the citizen will not be declared bankrupt.

Conclusion

Bankruptcy of individuals, procedure, procedure, consequences of its application in sufficient detailset out in the Federal Law mentioned above. On the one hand, this process is very important for some debtors who really cannot fulfill their obligations. On the other hand, the restrictions imposed on them after the application of this procedure can be very significant for individual citizens. In addition, there will always be those who will deliberately try to declare themselves bankrupt, just to avoid responsibility and not return the money.

The question of how long the bankruptcy procedure lasts for individuals. faces are also quite complex. This process may take a couple of months, or it may take longer. This largely depends on the experience of the manager, on the number of creditors, on the composition and nature of the debtor's estate, on the speed of its implementation, as well as on other objective and subjective reasons.