How is the bankruptcy procedure? Face? How to start the procedure?

Since not so long ago in our country the bankruptcy procedure for individuals has been launched and continues to function. Face. Most likely, this event was initiated by the state and fixed by the legislative bodies not accidentally, but with the aim of preventing some negative consequences, which can cause insolvency of citizens who, for example, took a loan in a bank, but can not return it for some objective reasons. What is the bankruptcy of individuals, the procedure, 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 - Federal Law No. 127 "On insolvency (bankruptcy)". However, earlier in this normative document there were no citizens on the list of persons who could be subjected to the procedure under consideration. Only in July 2015 law No. 476-FZ came into force, according to which the initial document was amended and supplemented. In particular, the text is supplemented with a section that provides for the bankruptcy of individuals. Persons. The procedure, procedure, consequences of using such an opportunity to put an end to debts are set forth in this legislative act, as well as in other normative documents.

Normative acts in this area concern individuals who lack any sources of income, and therefore, any, at least the slightest opportunity to settle with creditors. In these federal laws, in addition, the conditions for restructuring are described, its procedure is described, and the sale of the debtor's assets to cover the claims of its creditors is regulated.

general information

The procedure under consideration can only be carried out by appealing to the judiciary, which must carefully examine all submitted documents and evidence of insolvency. As a result of this study, the court must decide whether it is possible to declare a person bankrupt or there is no such possibility. Judicial bodies must determine whether a citizen or an individual entrepreneur is insolvent, whether their application or another person's application for bankruptcy is substantiated. If such an application is not justified, then the court must deny its satisfaction. Conversely, if a person has debts, including those that are past due, and his insolvency is confirmed, then the court must recognize him bankrupt, or rather, the court decision introduces the procedure for the bankruptcy of individuals. Face. Within the framework of the event, the debt of the citizen can be restructured.

Some conditions

It is necessary to understand that carrying out the procedure of bankruptcy of individuals simultaneously implies the establishment of specific restrictions in the rights of an insolvent citizen. Of the latter, we can single out a ban on any transactions with property, a ban on payment of any kinds of debts. At the same time, such bans are imposed not only on citizens who are at the stage of bankruptcy, but also on creditors. Thus, the latter are prohibited from foreclosing on bankrupt's property, even being in pledge with them.

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

The law that came into force in July 2015 regulates some innovations. So, subjected to such a procedure can only be an individual whose debt amount exceeds five hundred thousand rubles. At the same time, the term of such overdue obligation must exceed 3 months. There are some other factors that need to be addressed: a citizen, on whom a procedure can be initiated, should not be tried, and the total aggregate of his debt must be higher than the total amount of his assets. In the next five years after the procedure for recognizing the bankruptcy of individuals was completed, Person, such a citizen will be deprived of the right to repeatedly file a similar application with the judicial authorities. And if such a person was previously brought to responsibility for false or deliberate bankruptcy, then a statement from him will not be accepted at all.

How does this process occur?

Bankruptcy procedure nat. A person has a legal purpose to settle a legal relationship between a citizen and a financial organization. At the same time, it is far from easy to become a bankrupt, the legislator provides for various mechanisms preventing people who are considered bankrupt to be bankrupt, who in fact are not considered such. Among them is a check for lack of income, and a check for the lack of movable and immovable property.

With what to begin the procedure of bankruptcy nat. People - probably the most important question. In general, the procedure begins with the entry into force of the relevant judicial act. Simultaneously, 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 know that such encumbrance can be imposed not on all the assets of the bankrupt, legislative acts provide a list of things and items for which arrest can not be imposed. After the arrest and inventory of the insolvency estate, the authorized person must conduct an asset valuation.

Through the judicial authorities, the person in respect of whom the procedure has been instituted can petition that the encumbrance be withdrawn from his property on the grounds that he will repay the debt, or is ready, for example, to conclude an amicable settlement with creditors. In addition, the debtor can present to the court and creditors the guarantee and guarantee of any person, whether legal or physical. Also, with such positive actions of the creditor, the court can postpone the beginning of the bankruptcy process for one month. During this time, the defaulter can come to an amicable agreement with creditors. Therefore, knowing how to pass the bankruptcy procedure to an individual, knowing all the moments and subtleties of this process, you can choose the best option for solving this problem.

In the event that an individual in respect of whom the process of recognizing him as insolvent has not begun, it is not proved in court that he can or has an intention to repay the debt, the judge shall issue a judicial act, which begins the bankruptcy proceeding. In the process of this production, all claims against the debtor, levies on execution sheets, accrual of penalties and fines are stopped. The claims that are 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 to the bankruptcy administrator, who knows how to conduct the bankruptcy procedure. Face. It is he who will decide whether the claim is justified or unreasonable. In any case, the decision of the manager may be challenged through the court.

Initiate a case

So, after all, with what to begin the procedure of bankruptcy nat. Face? To begin with, it should be clarified that this procedure can be initiated not only by the creditors of the citizen, but also directly by him, and also by authorized bodies, including the tax service, the municipality, and others. Naturally, before submitting an application to the judicial body, the submitter must collect all possible supporting documents that, firstly, certify the existence of a debt and its prolonged non-performance, and, secondly, prove the insolvency of the citizen, that is, that his property and income are few To close absolutely all claims. Only after collecting all such documents need to write a statement and bring it to court, attaching to it all copies.

In cases where the applicants are the creditors of a citizen or an authorized organization, they are required to apply 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.

They do not have the right to initiate a bankruptcy procedure for a person for whom benefits are paid for alimony payments, health benefits, and other amounts directly related to their identity.

Procedure for conducting bankruptcy procedure nat. A person is regulated by law and begins with the submission of an application for bankruptcy of a citizen, an individual entrepreneur or another person. Of course, the application must be formalized in the order established by the rules, it must meet all the requirements listed in the bankruptcy law itself, as well as in civil procedural legislation. In the submitted document, the following data should be displayed:

• The indication of the judicial authority to which the application is submitted.
• The personal data of the citizen who is to be declared bankrupt.
• Requisites of the creditor or authorized organization (if the application is not submitted by a citizen).
• The amount of debt with an indication of the period of its existence.
• List of assets owned by the debtor citizen.
• The reason, according to which the applicant considers the citizen to be insolvent.
• Other important circumstances, in the opinion of the party to the judicial proceedings.

All these data are indicated directly in the application. However, the application itself will have to be accompanied by supporting documents. It:

• Documents showing the absence of income or its availability.
• A certificate stating that a citizen is unemployed or a certificate from a job.
• Reference about the composition of the family.
• Certificate of residence.
• Documents showing the presence of dependents.
• Guarantee of payment to the manager, executed in writing.
• Notices and requirements of lenders, authorized organizations, directed to the debtor.
• The evaluation report (if the creditor applies to the court).
• Document confirming payment of state fee.

Sale of assets

How will the bankruptcy procedure take place? Persons, of course, depends on the manager, his experience and skills, as well as on other factors. The most important stage in this procedure is the sale of the debtor's property. How it will be carried out, the degree of repayment of debts to all creditors will depend on the results of the sale of property. Therefore, the greatest interest in selling property more expensively, have lenders. As already mentioned, all assets held by a citizen in respect of whom a bankruptcy process is being conducted are controlled by the manager and included in the total bankruptcy estate. After its evaluation, implementation is carried out through open and fairly transparent trading. At these auctions, anyone can buy the property to be sold. The proceeds from such a sale are distributed to the bankruptcy trustee among the creditors, but in accordance with the principle of priority. If they are shortage, they are distributed in proportion to the existing debts.

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

• The land on which the only bankrupt housing is located, and the very housing itself.
• Things of individual use.
• Medals, medals and other awards.
• Money amounts in the amount of the amount of the defendant's living wage, determined for the corresponding year, and also the persons who stay with him on the maintenance.
• Foodstuffs.
• Animals (home).
• Household appliances, the price of which does not exceed thirty thousand rubles.

And although the bankruptcy of individuals, the procedure, the procedure for its conduct, including the sale of assets, are stipulated by legislative acts, in practice such debtors, who have property suitable for implementation, are rare. It should also be noted that real estate, which is pledged to the bank and is collateral for a mortgage loan, can also be realized.

Queues

With what to begin the procedure of bankruptcy nat. Person, the process of its conduct is kind of understandable. And how is the money received from the sale of assets of the debtor distributed? Repayment of debts to creditors, as mentioned above, is made in order of priority. First claims are satisfied first. After the full repayment of the requirements of this queue, the requirements of the second and then the third queue are repaid. The first stage includes creditors, to whom the debtor is in arrears for the harm caused to health or life. Also to this queue are lenders on alimony. At the same time, remuneration is paid to the manager, as well as to the persons involved. The second stage includes persons who have salary requirements before the debtor. The third includes requirements for payment for utilities and payment for housing itself. The fourth stage - other payments.

The above creditors and their claims are satisfied as a matter of priority, as they are considered to be creditors for current payments. For the remaining lenders, which were included in the list of creditors' claims, there are three lines. Similarly, their claims are repaid sequentially. At the same time, the claims of creditors in the same queue are satisfied, taking into account the one who previously submitted the demand to the manager, that is, by the calendar sequence.

The claims of creditors, on the payment of which there was not enough cash after the sale of all the assets of the debtor, are considered repaid.

Consequences of the procedure

How is the procedure for the bankruptcy of individuals, it is interesting to many, but not everyone understands that after such a process the court will impose certain restrictions on the bankrupt, that is, some of its rights, it will not be able to implement during the amount of time determined by the court. So, among such restrictions: the bankrupt will not be allowed to engage in any business activity, in particular, occupy managerial positions in legal entities, apply to financial organizations for obtaining loans without notifying these organizations of the fact of their bankruptcy.

During a five-year period, a bankrupt citizen is not entitled to re-declare bankruptcy. And in those cases when the application for bankruptcy comes from other persons at the same time, the process of bankruptcy will take place somewhat differently. So, after the end of the debt, the citizen will not be written off if there was not enough money to pay them off. Such creditors will be given the opportunity to receive executive sheets and continue to collect debts from the bankrupt.

Restructuring

Bankruptcy procedure nat. A person may provide for restructuring. This term means a review by the lender of the repayment schedule of the loan. This may be a decrease in the monthly payment with an extension of the term, and writing off penalties, fines, and other mutually beneficial options for the parties. Basically, lenders, especially banks, are aware of how the bankruptcy procedure for individuals is going on. Person, and that after it is completed they are unlikely to get anything. Therefore, they, for the most part, willingly agree to a restructuring.

In order for the court to allow restructuring, it must provide a clear plan for how the debt will be repaid. In this plan, all the expenses of the citizen, including the monthly maintenance of dependents, should be described. If the plan convinces the court, then he can provide a period of up to three years for his execution. For this period the person is obliged to pay off all debts. If this happens, the bankruptcy case will be terminated, and the citizen will not be declared bankrupt.

Conclusion

The bankruptcy of individuals, the procedure, procedure, consequences of its application are set forth in detail in the above-mentioned Federal Law. On the one hand, this process is very important for some debtors who can not really fulfill their obligations. On the other hand, the restrictions imposed on them after applying this procedure can be very significant for individual citizens. In addition, there will always be people who deliberately try to declare themselves bankrupt, just to avoid responsibility and not return money.

The question of how long the bankruptcy procedure lasts. Person, is also very complicated. This process can take a couple of months, and may drag on for a longer time. In many ways, this depends on the experience of the manager, on the number of creditors, on the composition and nature of the debtor's property, on the speed of its implementation, and on other objective and subjective reasons.