Who applied to the Bankruptcy of Persons. What are the consequences of an individual after bankruptcy? Is it possible to get a loan or open an account? What procedure and how much lasts

Back in 2015, a law was adopted, allowing a citizen to declare himself with bankrupt. This allowed people to solve problems with debts in the event of complete insolvency.

What is the bankruptcy of the physical in 2018? The term "bankruptcy" is associated with financial collapse. However, in many cases, it is the recognition of bankruptcy helps to get out of the debt.

Previously, such an opportunity existed only at the Jurlitz, but now ordinary citizens can declare bankrupt. What are the peculiarities of the Fishery in 2018?

The bankruptcy procedure of individuals in Russia is not yet a well-established mechanism. Too little time has passed since the introduction of new legislation.

Nevertheless, each person who declined to recognize bankruptcy should clearly understand its essence. The main importance is the understanding of the legal consequences of such status.

Recognition of bankruptcy of individuals is accompanied by a multitude of nuances. Masters the amount of debt, the duration of the delay of payments and so on.

Also, you need to know how much the procedure for the recognition of bankruptcy will cost? How long does she last? What signs should the debtor meet?

Bankruptcy in terms of russian legislation This is the official recognition of the failure of the debtor in matters of meeting the requirements of creditors in full.

The main goal of bankruptcy is to satisfy the claims of creditors at the expense of the debtor's property, the debt restructuring or the conclusion of the settlement agreement between the parties.

Under the bankruptcy of the individual means a complex of measures and conditions, as a result of which a person can get rid of the unbearable debt burden in accordance with current law About insolvency.

That is, any person can realize the right to recognize bankruptcy. But for this you need to meet the signs specified in the law.

The failure of an individual involves the use of one of the following procedures:

debt restructuring;
implementation of the property of the debtor.

The decision on the restructuring of debt is made by the court on the basis of the financial state of the debtor and the presence / absence of stable income.

If a citizen is able to pay a certain amount monthly, and at the same time contain itself and family for the remaining means, then the debt is restructured, and the amount of debt is fixed.

The nuance is that usually restructuring is used in the presence of a confirmed income of at least 25-35 thousand rubles.

The realization of the property of the debtor implies that all the property of a citizen is sold, and the remedy funds go on debt repayment.

The confiscation is not subject to only the property needed to provide minimal life requirements.

So it can not be implemented in bankruptcy:

the only housing, with the exception of mortgage and mortgage objects;
transport used for the main work;
computer technique used in work;
mr. and rewards;
household items necessary to ensure vital activity.

Seized property is implemented in the process competitive production. Debts are repaid, and the remainder of the remedy funds is returned to the debtor.

If there is not enough money, then outstanding debts are simply annulled. In the absence of property in the debtor, debts are also annulled.

That is, the recognition of bankruptcy without the possibility of repayment of debts leaves the requirements of creditors without satisfaction.

Bankruptcy of individuals has both pros and cons. Among the main advantages should be noted as follows:

The disadvantages of bankruptcy include such factors:

Fisli's bankrupt status can be obtained on the basis of FZ No. 127 of October 26, 2002 (the current edition of the Federal Law No. 29.07.2017) "On Insolvency". The standard includes 12 chapters and 233 articles.

The law describes the concept of bankruptcy, the rights of debtors and creditors within the framework of the process, the features of the proceedings about bankruptcy, the nuances of the procedures used.

Until 2015, the norms of the law were used exclusively for legal entities, but from October 1, 2015, a regular citizen may recognize bankrupt.

Of the basic provisions of the law relating to individuals, the following can be noted:

The recognition of individuals bankrupt is possible only on the basis of the decision of the Arbitration Court	article 6.
Depending on the circumstances, the recognition of bankruptcy may be the right of saline or direct responsibility.	article 8.
The lender is entitled to apply to the court only on strictly limited grounds.	art.33.
The court applies the restructuring of debt, but the conclusion of the global agreement of the parties is allowed	article 158.
Recognition of bankruptcy leads to the sale of property, after paying off debts due to the funds of the citizen, the debtor is not considered	art.213.26, st.213.27
After receiving the status of bankrupt, the citizen is obliged to notify financial institutionswith which interacts	article.213.30

In addition, individual nuances are prescribed in other special articles, including for some categories citizens.

The recognition of bankruptcy can go if a citizen is not able to independently meet the claims of creditors.

At the same time, such an opportunity is not foreseen in the near future, and the amount of debt continues to accrue penalties and fines, which further exacerbates the situation.

First of all, it will be necessary to check whether the debtor corresponds to the legislative requirements for the recognition of bankruptcy.

If limiting obstacles are missing, you can go to the direct procedure. It is important to understand that no government agencies can, according to their own decision, to initiate a bankruptcy case, unless debt takes place before the state.

For the proceedings of the case in court should be the statement of claim from the debtor or creditor itself.

In addition, it is not enough to simply apply and declare your own insolvency.

The fact of insolvency must be documented. It will be necessary to collect references about all income and expenses. According to the law, notification of creditors about the start of bankruptcy is prescribed.

If the debtor will be able to agree on the conclusion of the settlement agreement and restructuring, the bankruptcy case will be discontinued.

In this situation, the main task of the debtor becomes the belief of creditors in the most advantageous outcome of the situation.

It is worth a little more referring to those who can initiate the bankruptcy of the saline. It:

citizen himself;
creditor;
authorized body (FTS, in the presence of tax debt).

At the same time, in the case of debt to several creditors and the impossibility of meeting all the requirements, even by selling property, a citizen is obliged to apply for the recognition of bankruptcy within 30 days from the moment when he learned about the current situation.

How to make a bankruptcy of an individual on loans? If a citizen has taken a loan, but cannot repay him, he has the right to apply for the recognition of bankruptcy, although it is not obliged to do that.

To begin the case of bankruptcy in the arbitral tribunal, it is necessary to submit a certain list of documents. The composition may vary depending on the current circumstances.

The main documents become:

application for the recognition of bankruptcy of an individual;
list of lenders;
extracts and documentary confirmations of taxes paid (over the past three years);
inventory owned property;
certificate of income (in the last three);
documents confirming the availability of / lack of employment (certificate from the place of work, a certificate from the employment center, an extract from the EGRIP for IP);
documents about the transferred transactions with property over the last time, costing more than 300 thousand rubles;
a document certifying the absence of bankrupt status in recent years;
medical conclusions, if the reason for insolvency is due to the disease;
certificate of marriage (if available);
a copy of the marriage contract (if any);
SNILS.

How to write a statement? What is needed for this? The document indicates the following information:

full Name;
place of registration and accommodation, contact details;
credit information;
relevant amount of debt;
action plan;
protocol of creditors' meeting;
links to the accompanying documents.

The most important point of statement becomes the development of its own plan to repay debt.

It is necessary to describe how to describe the problem of solving the problem and the procedure for their own actions to pay debts.

A declare of its insolvency can not every citizen. It is necessary to correspond to a number of conditions. The necessary features are listed in Article 213.3 of FZ No. 127.

In particular, the basic requirements are:

Important! A citizen may declare their bankruptcy if there are less debt, but it will be necessary to prove its insolvency.

Namely, such circumstances should be present as:

a citizen has ceased to pay with creditors;
more than 10% of monetary obligations are not executed within a month;
debt exceeds the cost of a citizen of the property;
there is a decree on termination executive proceedings Due to the lack of property to be arrested.

It should be understood that the citizen is not recognized as an insolvent, if the possibility of repaying debts in a short time due to the extent is proved.

In practice, the courts often refuse to initiate claims for less than 500 thousand rubles.

To prove its insolvency to the citizen will have to higher instanceswhich is associated with significant financial and temporary costs.

What exactly individual - Tax resident of the Russian Federation, see article:

tax resident

About reorganization in the form of conversion of CJSC LLC, read here.

Theoretically start bankruptcy under the amount of debt more than 300 thousand rubles. Need to take into account that cost legal services and legal costs will be a very substantial amount.

To register the bankruptcy of an individual in 2018, it is necessary to follow the following instructions:

Prepare the necessary package of documents.
Pay state duty and necessary contributions.
Contact an arbitration court at the place of registration or residence.
Wait the appointment by the Court of Financial Governor, which will accompany the entire bankruptcy procedure.
Wait for a court decision.

Depending on the analysis of the situation, the court decision is possible in such versions as:

debt restructuring;
conclusion of the settlement agreement;
recognition of bankruptcy and realization of property;
deviation of the statement Due to the lack of signs of bankruptcy.

The recognition of bankruptcy does not mean that a citizen will get rid of financial obligations completely.

The procedure itself is not free, such expenses will be integlined by law:

In 2018, legislation changes also affected the expenditures of individuals under bankruptcy. Now a citizen is obliged to pay a fee in the amount of 300 rubles, and not as before 6 thousand rubles.

The financial manager at bankruptcy of individuals is also required.

As for the remuneration of the financial manager, then 25 thousand rubles should be paid as a guarantee of payment to the court's deposit account (the new amount of remuneration is registered in the article of the law from July 15, 2016).

Payment of state duty and deposit is carried out through any bank. Requisites of the Arbitration Court can be clarified in the bank or on the official website.

For your information! If the money per deposit is made before applying for a court, then in the receipt for payment, the case number is not necessary, since it has not yet been assigned. If the case is already started, then the number will certainly be indicated in the receipt.

It is necessary to know that when implementing the property of confiscation, a jointly acquired property of spouses is also subject.

At the same time, the 50% of the existed amount goes to the compensation of debts, and the remaining part is compensated for the spouse.

The registry for bankrupt-physicals was established in April 2011. It displays any changes regarding the bankruptcy of citizens.

Display all stages of the process are required by financial managers and organizers of trading. In the case when the desired entry appears later or does not appear at all, the managing will pay a fine in size from 2 to 5 thousand rubles.

But for making the necessary publication, money is charged from the direct debtor. Each entry will cost 850 rubles, regardless of its size and number of attached documents.

As a rule, it will be necessary to publish 6-7 notes throughout the procedure. Such data should be published:

recognition of the validity of bankruptcy and the beginning of the procedure;
introduction of restructuring;
inclusion of creditors in the registry;
termination of bankruptcy;
approval / removal of the financial manager;
appointment of property;
results of trading, etc.

The duration of the bankruptcy procedure for an individual is from 6 to 10 months:

A citizen's statement can be considered within a period of 2 months	During this period, all circumstances of the case are analyzed, the validity of the appeal is estimated and the decision to initiate production or refusal is made.
If it opens, the financial manager is appointed within 15-90 days	From this point on, the accrual of penalties and fines is terminated, the ban on the actions of collectors and bailiffs
4 months later	Citizen is assigned bankrupt status and the process of implementing property begins
For 2 months, property is implemented	And six months after the end of the sale, a citizen is recognized by the fulfillment of obligations, even if part of the payables remained without satisfaction

For debt restructuring, 4 months is given. But at the request of the participants in the process, the specified time can be extended.

The simplified bankruptcy procedure assumes that the restructuring stage is ignored, since it is obvious that the impossibility of payments for debts at the expense of income.

Publication of information in the bankarot registry is just intended to ensure that anyone interested person can get the necessary information.

To check, you need to go to the single site federal registry Bankruptcy information. Here you will need to choose in the "Debtors" section "Individuals".

For example, the name and name of the debtor and the city of residence, for example, Moscow. All banks with similar Full names will be displayed upon request, living in Moscow.

After specifying the data requested, the system will give a list of suitable persons. By choosing the person of the person, you can view all the current circumstances in the bankruptcy case.

This information is updated automatically file files of arbitration. Check is particularly relevant for persons interacting with a citizen in financial matters.

Lenders, using this service, can determine if a person has a debt and whether its property is available for sale.

What gives bankruptcy to the debtor besides the advantages? The financial failure of a citizen recognized officially carrying such negative consequences:

It is prohibited to occupy senior positions and management positions.
You can not register your own business for three years.
It is impossible to buy a share in ooo or shares.
In the next five years, it is impossible to declare ourselves with bankrupt.
The status of bankrupt should be notified financial organizations with which the citizen will cooperate for five years.
In the bankruptcy process, the debtor cannot manage his property.
A ban on departure from the Russian Federation may be affected.
The existing status of the IP is canceled, the licenses and permissions are terminated.
Greater deals of a citizen in the last three years can be canceled.

Does anyone who relatives are bankrupt? The consequences of insolvency recognition can only feel the persons on the dependency of the bankrupt, since part of the funds will go to repay debts.

Only part of the joint property of spouses can be confiscated. Although all the property of a citizen is being implemented, including joint, but half of the funds reversed from the sale of common property, the spouse is returned.

Video: The price of the issue in the bankruptcy of individuals

However, if bankruptcy is associated with the impossibility of paying a mortgage loan for an apartment, the bankrupt and his family can lose the only housing.

In this situation, the law does not provide for benefits. Does not play roles in this case, even the registration in the apartment of a minor.

On a note! Do not think. That bankruptcy is a way to get rid of any obligations. Do not save the procedure from the payment:

aliminal payments, you can only pay for alimony with a decrease in the payment by a court decision;
compensation for moral, physical or material damage;
payments regarding the identity of the payer.

Often, enterprising citizens are trying to use bankruptcy as a way to avoid calculations with creditors.

And to the procedure, they are prepared in advance, which is expressed in a reduction to a minimum of property owned by the debtor.

For this purpose, the property is reissued, gives it to relatives and acquaintances.

However, in the process of consideration of the case, not only the current situation is analyzed, but also the circumstances preceding bankruptcy. If it turns out that there was a fact that the property is conceived, then the transaction may be challenged.

In this case, the transferred property is returned to the debtor in connection with the cancellation of the transaction and is included in the total mass of the debtor's property.

In addition to other things, intentional concealment of property is fraught with a criminal responsibility for a period of up to 6 years.

Cancels can be canceled related to the alienation of property carried out in the last 3 years. It is important that the transactions are considered compensated, they will be appreciated for fictitiousness.

Bankruptcy is good way Get rid of debt obligations in the event of the actual inconsistency of the individual.

But before making a statement, it is necessary to compare the possible costs and benefits from recognizing insolvency. Sometimes it is much more profitable to agree with creditors on installments of payments.

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Once again good afternoon, tell me a fire !!! Is it possible to declare ourselves with bankrupt if I officially work, and with me already 50%, but no enough for life, just live when the quarters. Is it worth doing it.

The amount of debt on all banks is fought more than 500 thousand

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Victoria Dymova

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According to the statistical data of the United Credit Bureau, the total debt of Russians before commercial organizations is more than 700 billion rubles. Moreover, this figure grows the year from year. This phenomenon has many reasons, but the main one is a financial and economic crisis that has deprived many of our compatriots of income sources. If loan commitments have already significantly exceed the amount of income and pay debts is not possible, a citizen may declare himself with bankrupt. How to make a bankruptcy of an individual, what is the essence of this procedure?

The whole essence and features of the bankruptcy procedure of citizens are reflected in Federal Law No. 476 "On Insolvency", which was adopted at the end of January 2014, and entered into force only in 2015. How to issue a procedure for bankruptcy in an individual? This question is worried about many Russians.

According to this legislative act, not all individuals can become challengers to write-off debt. How to make a bankruptcy of an individual on loans? To do this, comply with several conditions:

Total debt together with accrued fines has already exceeded the threshold of 500,000 rubles.
A citizen did not exert debt more than 3 months.
The amount of monthly loan payments exceeds the amount of income.
The cost of property objects of the debtor will not be able to cover existing debt obligations.

So, a citizen who has no sufficient bankrupt money and property that he could sell in order to pay off with all the debts. When performing all the above conditions, the bankruptcy procedure can be launched.

IN this Law Amendments were amended, so now borrowers can independently, without any active actions of credit institutions, apply for the Bankruptcy of Piz. How to make this status?

When total debt has not yet reached critical valueThe borrower can negotiate with creditors for its restructuring. But if the negotiations were not effective, and the amount of debt is constantly growing, it is necessary to go to court. Individuals may declare their financial insolvency in the 30-day period after the time they realized that they were unable to make payments on accounts. This time is given to search for the financial manager and filing the claim.

Before issuing bankruptcy, it is also necessary to familiarize yourself with the consequences of this procedure. Many debtors tend to think that this process is relatively simple and is only formal. However, the recognition of insolvency has quite serious consequences.

During the bankruptcy procedure, the debtor loses its property. All property objects representing sufficient value can be implemented, and money from their sales will go to pay debts. After the bankrupt procedure there will be a bad credit history. And in the future, the citizen is deprived of the opportunity to take loans and loans. On all operations to acquire property or valuable papers, as well as large transactions in the 3-year period after involving the insolvency, it will be necessary to obtain permission from the financial manager. Citizen-bankrupt for 3 years has no right to occupy leadership positions and especially to open its business.

The duration of the process takes, as a rule, for half a year, at this time the debtor deprives the opportunity to leave abroad (sometimes even behind the city line), as well as the right to manage their property. All current transactions and operations are frozen, and those that have been accomplished shortly before applying for the court are subject to careful verification. They are forcibly terminated if experts doubt their legal purity.

So, if you decide to issue a bankruptcy of an individual, how to arrange and what to prepare documents for submitting an application to court?

For the application you need:

Create a list of lenders and debtors (it is also important to specify details, the dates of the return and the amount of the sum of money, if the bankrupt has debtors, the assignment of the rights of the claim) is issued).
Arrange the Form 2-NDFL form at the place of work.
Get an extract from the PFRF from the personal account of the insured person.
Make copies of the passport, testimonies TIN and SNILS, about marriage, about the birth of children, labor bookDecisions on the recognition of a citizen unemployed.
Get an extract from Yehrip (valid 5 days).
Prepare the original documents testifying to the requirements of credit institutions confirming the right of ownership of property objects.
Get an extract from bank accounts.
Get a certificate of extract from the register of shareholders.

Also before submitting an application you need:

Select a self-regulating organization and financial manager.
To assess the property objects.
Pay a state fee and transfer funds to the Court's deposit for the work of the Financial Manager.
Send Notifications on the start of the bankruptcy procedure to creditors with the attachment of all copies of the documents listed above.

In the question of how to properly arrange the bankruptcy of an individual, it is important to affect the material side. The procedure, in essence, implies a large number of expenses. Borrowers who expressed the desire to declare their inconsistency, spend on average about 40,000 rubles even until the case is considered in court. Why do you need to pay?

The services of the assessment bureau (their price is determined by the sum of the base tariff and 1% of the value of the estimated property objects).
Notarization of copies (they are necessary for both submission to court and to send creditors' notifications).
State duty in the amount of 6000 rubles.
Services of the Financial Manager (10,000 rubles + 1% of money taken from the sale of competitive mass).
Services of a qualified lawyer (drawing up a claim, submission in the court of the interests of a bankrupt citizen).
Other transport and postage.

How to make bankruptcy? What is the sequence of the debtor's actions? To begin, consult a qualified lawyer for this process. Since the law was published recently, there are a large number of obscure moments. Usually the first consultation is free.

If you weighed everything "for" and "against" and decided to become bankrupt, it is necessary to write a corresponding statement. You can do it both independently and through the lender. Next, you must prepare the package of the above documents, attach them to the application and sue. Insolvency is recognized only in court.

The application should contain the name of a self-regulating organization that will appoint a financial or arbitration manager. You can also specify a specific candidacy that will perform the role of the manager. Until the application, it is necessary to notify each creditor by mail. After that, it is necessary to pay the state fee. Details for its payment you will find on the Court's website. Then you can transfer documents to the judicial office (necessarily personal presence of the applicant or a trustee).

We reviewed the sequence of actions that suggest a vanity bankruptcy. How to arrange an application for involving court?

A citizen has the right to file a statement both in the printed and handwritten version. Printing option is more preferable. As a trustee, a lawyer, financial manager, can be applied as a trustee. Also, the document can be sent by registered mail. The first court session is appointed, as a rule, a month after submitting an application. This period is necessary in order for lenders to harmonize their claims.

The statement of claim must be issued according to the established pattern. It must contain three parts:

Cap of the document (the name of the trial and its coordinates, the name of the debtor, the lawyer, the financial manager and the name of credit institutions with the address indication).
The main one (information about the loans taken, the names of banks and credit organizations, documents, on the basis of which they were issued, the term of debt and its cause, the size, substantiation of the impossibility of restructuring, were attempted to pre-trial settlement of the issue).
Resolution (the list of documents attached to the application, request for recognition of the insolvency of the debtor's citizen, the submission date, signature).

Before issuing bankruptcy, you need to think about the feasibility of such a serious step several times. This procedure has an alternative option - preliminary negotiations with credit institutions and debt restructuring.

It is easier for the situation with citizens who owe one bank. In this case, it will be easy to negotiate. To do this, you must send a letter to the bank, in which the situation will be described in detail. For example, if the debtor lost his job due to the elimination of the organization and asks to freeze the accrual of interest on the loan. The bank can go to the meeting and offer:

a complete delay of payment of the loan;
a delay with interest payments;
extending credit period;
changing the date of payments;
switch to another interest rate, currency, type of payment.

In situations where the amount of debt is constantly growing and has already become quite significant, the borrower is best to try to communicate with the bank and request restructuring. If the borrower does not in touch, the lenders have the right to launch the enforcement proceedings and the bankruptcy procedure against the debtor, as a result of which he wonders the subject of pledge.

It is much more difficult about those who owe several banks. However, there are special deduction programs for which you can sum up the entire amount of the debt, that is, you can combine several debts in one large. It is important that the bank make sure that the borrower's financial difficulties are temporary and caused by the reasons independent of it.

Debt restructuring is a more profitable position for creditors than bankruptcy of an individual. How to make a statement on the restructuring of debt in the bank, his staff will be prompted. If it came to judicial trialThe court can recognize a citizen bankrupt or change the terms of the lending contract.

It is no secret that many debtors take loans in banks. How to make a bankruptcy of an individual for the bank? This procedure is no different from the standard, which is described above: It is necessary to collect a package of documents and file a claim in the arbitration court. However, it is impossible to announce its insolvency only to the Bank, because this procedure is used simultaneously to all creditors.

How to make a bankruptcy of an individual if there is no property? To do this, you must also contact the arbitration court. The debtor must prove that it does not have any property objects. In this case, the court writes off the entire amount of debt from an untenabolic citizen. Moreover, all major properties with property 3 years before the launch of the bankruptcy procedure will be checked for legitimacy and legal purity.

Not all objects of property may be removed and implemented during the bankruptcy procedure. These objects include:

real estatewhen it is the only place to stay a debtor's citizen and his relatives;
clothing, shoes, household appliances, items that are used in everyday life;
things and property that are necessary for professional activities or used as a means of obtaining income when their price is less than 100 minimum wages;
devices and vehicles necessary when moving people with disabilities;
economic structures;
animals, birds, bees, livestock;
fuel, if it is used for cooking or for heating housing.

Speaking about the bankruptcy of an individual how to issue necessary documentation To submit an application to court, it is important to remember that in the course of the proceedings there may be controversial situations. For example, lenders may seem that the amount of debt, which can be requested from an untenabolic citizen is insufficient. Such controversial situations can be caused for a wide variety of fraud. Therefore, it is best to use the help of a qualified lawyer.

If the amount of debt to creditors exceeded half a million rubles, a citizen may apply to the court to recognize the bankruptcy of an individual. How to make this procedure, its features and consequences should know every debtor. The law on insolvency entered into force not so long ago, therefore, before filing the claim, it makes sense to seek qualified legal assistance.

From October 1, 2015, individuals began to have a legitimate right to obtain bankrupt status in the absence of the opportunity to carry out existing credit obligations. This provides an excellent opportunity for citizens of the Russian Federation, individual entrepreneurs get out of the debt pits and avoid unwanted persecution of collectors.

To declare ourselves bankrupt and not pay interest, it is necessary to familiarize yourself with the current legislation and step-by-step instructions.

The development of regulatory acts and documents relating to bankruptcy was carried out over the years. The long-awaited FZ number 476 dated December 29, 2014 and the addition to the Federal Law No. 127 on the insolvency of October 26, 2002 entered into a complete legal force 10/01/2015.

IN legislative document Legal actions are specified in detail, which can be applied in certain situations to some categories of individuals: Russian citizens who do not have the actual opportunity to pay off credit obligations and eliminate large debts. The law regulates the sale of property of individuals and restructuring of debts.

Before the adoption of the law, recognize themselves by bankrupt only legal entities. Today, this operation can be done by an individual entrepreneur, and an individual who does not lead and not leading the business.

Bankruptcy of the individual in Russia can be initiated by credit institutions, tax authorities or citizen himself. To begin with, it is necessary to submit a corresponding statement, completed according to the sample established by law into the arbitration court.

How to declare yourself with bankrupt physical face in 2017? For a successful result, some important conditions are complied with:

the amount of debt liabilities is already exceeding 500 thousand rubles, while the debt must be confirmed by official documentation;
at least the non-payment period should be three months;
lack of criminal record and attracting lawsuits for economic crimes and fragrances with fictitious bankruptcy;
credit and debt liabilities exceed the price of movable property and real estate value;
lack of source of stable income.

Before declaring itself bankrupt on loans, it is necessary to take into account an important point: over the next five years, an individual has no right to declare itself with bankrupt, even subject to re-accumulated substantial debt.

The law on bankruptcy of an individual provides that it is impossible to render the following types of citizen:

the only real estate or land plot on which the house is located where a citizen lives;
rewards received from the state, prizes and winnings;
objects of life and wardrobe;
household appliances, devices and devices whose price does not exceed 30 thousand rubles;
cattle and facilities in which they are contained;
money in size stipulated by law subsistence minimum.

Personal bankruptcy has its advantages and disadvantages.

Announcements of themselves with bankrupt has many explicit advantages:

the debtor and future bankrupt gets a great opportunity at a legitimate level to delay the repayment of debt obligations and not have contact with collectors, since it is recently they demand debts with moneyless debtors;
the bankrupt face becomes the owner of the right to restructured debts and not pay penalty amounts if the credit institution or banking organization refused to restructure;
the debtor appears the ability to write off a certain part of debt to creditors;
if a physical person, recognized bankruptThe property is subject to confiscation, the citizen will not be deprived of the only housing and other property, the list of which was presented above.

The credit institution also has a certain benefit from the bankruptcy of an individual: costs reduced by the recovery process.

The procedure of bankruptcy of individuals also has certain consequences, that is the disadvantages:

a citizen cannot enter into new credit obligations in the next five years, that is, it does not have the right to make a loan in the period marked by law;
an individual cannot recognize himself with bankrupt again for five years;
a citizen has no right to take part in the management of Yul in Russia in the next three years;
transactions will be able to be carried out only with the consent of the economic and financial manager. His services physical person pays from its income;
restricting the possibility of going beyond the Russian Federation during bankruptcy.

To declare yourself with bankrupt, you need to collect a specific package of documentation and adhere to the recommended step-by-step instruction.

How to declare yourself bankrupt? First of all, it is necessary to prepare and collect a certain package of documentation:

Information and documents that serve as evidence of existing debt.
A citizen of the Russian Federation must prepare and submit a document confirming that a person is registered as IP or not registered. To do this, take an extract from the single register of individual entrepreneurs. Its period should not exceed five working days at the time of filing a bankruptcy application to the judicial authority.
IN obligatory Prepare a complete list of all existing credit and debt obligations. The list indicates a complete name and place of residence of individuals who should have a citizen who announced itself with bankrupt, and the name of the company and the legal address, if it comes to credit institutions and legal entities.
Inventory of real estate and real estate of an individual. The document should present current and reliable information about the place of location and storage of property. If the property plays the role of collateral, then it is necessary to provide data on its holder.
Copies of documentation that confirms the ownership of: a passport of a vehicle, certificate of registration of the rights of the USRP for real estate, etc.
Information and documents confirming the facts of transactions that were concluded by a citizen or an individual entrepreneur within three years before the application of the application for the announcement of themselves with bankrupt to the court.
If an individual is a shares holder and a shareholder, then an extract from the register of shareholders should be provided. She is taken from the registrar of a legal entity.
Documents confirming the availability of a certain income: Help 2-NDFL, legal contracts, etc.
Extracts for the status account status, taken in banking institutions. They confirm the presence or absence of finance on accounts and demonstrate information on the operations carried out recently, wiring and transactions.
In mandatory, it is necessary to prepare documents that relate directly to the personality of a citizen of the Russian Federation: insurance certificate, Inn, marriage agreement, marriage or its termination certificate, etc. Detailed list Located in the law.
Receipt of payment of state duty for the filing of the claim and the work of the financial manager.

I recommend to pre-consult with an experienced and qualified specialist who will provide answers to the questions of interest and give valuable advice. It should not save on the service, as we are talking about the future and success of the bankruptcy operation. Reviews confirm the feasibility of such actions.

How can you declare ourselves bankrupt? Where to turn? Where to apply? Many questions are formed in the event of a need for an announcement of bankrupt. Step-by-step instruction Includes several stages:

At the initial stage, it is necessary to conduct a thorough analysis of debt obligations on paper, with their lack of papers it is necessary to order duplicates in credit organizations issued a loan. If there is no place of work and permanent income, then it is necessary to get up on the labor exchange. And also in advance should take care of creating a thorough inventory of personal property.
How to declare yourself bankrupt before the bank on the legal basis? Important and most difficult stage is the preparation of certificates and documents. Independent collection The documentation package may take up to two months.
At the third stage, it is necessary to competently fill out the application.
Then there is a submission of securities and documents to the arbitration court and judicial procedures.
At the final stage, the court makes a final decision, on whom the consequences are dependent in the form of restrictions of some rights: the inability to recognize itself with bankrupt for five years.

If serious solvency problems arose and credit obligations are a large amount, it is advisable to take advantage of the ability to declare ourselves bankrupt to avoid exacerbation of the situation and many problems.

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How to declare ourselves bankrupt in 2020, more and more Russians are conceived. A lot of economic crises, high rates on loans and just inability to plan expenses led to the fact that many residents of the country were not able to fulfill their obligations under contracts.

How to declare yourself bankrupt in 2020?

Lenders and collectors do not try to help debtors to solve the problem, but only have psychological pressure. To declare ourselves bankrupt on loans and other obligations for many people in this situation looks the only chance to get out of the debt pits and start life again. But this procedure is not easy. Previously, a person must be understood that it is necessary to do for bankruptcy, what consequences are waiting for and how much the whole procedure is. Additionally, underwater stones must be taken into account. Faced with them will have to actually every debtor, decorated to bankruptcy.

What does it mean to declare ourselves bankrupt?

It is necessary to deal in advance what it means to declare ourselves bankrupt. Do not consider this procedure as a magical way to get rid of debts. Bankruptcy - This is a recognition by the judicial bodies of the debtor's inability to fulfill obligations to creditors, carry out mandatory state payments (taxes, fees).

Initially, only organizations and IP organizations could be initially becoming bankrupt. This mechanism was used quite actively, but ordinary residents of the country were deprived of the opportunity to legally get rid of the inappropriate debts, passing through the procedure for recognizing themselves insolvent. The law on bankruptcy of an individual began to act in the Russian Federation only in 2015. Tens of thousands of people have taken advantage of this opportunity, who decided to legally solve the problem with inappropriate debt on loans, borrowings and other obligations.

The recognition of the physical bankrupt is possible only by the court decision. Moreover, according to legislation, such cases are arbitration courts. The initiator of the procedure can be made by creditors (including in the face government agencies, for example, FTS). But in practice, they often do not rush to this step, fearing the loss of debt recovery.

For many debtors, the only real option is to independently declare ourselves with bankrupt. This is possible due to the law. The applied to the Bankruptcy Court in this situation is engaged in the debtor himself or its representative. But there is no solution yet judicial bodies No one can admit a bankrupt to bankrupt.

What gives recognition with bankrupt to the bank

The main result of bankruptcy - Changing debts in front of creditors who people cannot pay. But there are a number of exceptional situations:

Debts will not be written off in the case of fictitious bankruptcy, providing unreliable information to the financial manager, the design of a loan on plates, with the provision of false information.
We are not subject to debt debts for salaries, alimony, damage to the life, health, property of individuals and legal entities.
Debts may not write off if the debtor was deliberately concealed, destroyed the property, with malicious evasion from paying debt and taxes (if this opportunity was).

What will happen to property if they recognized bankrupt on loans

Before declaring yourself with bankrupt, it is important to understand all the consequences to the individual. Sometimes due to their losses can be very significant. During the procedure, the debtor property will be implemented with bidding. This rule does not apply to the debtor's personal belongings (for example, everyday clothes), as well as its only housing. At the same time, the mortgage apartment may be removed during bankruptcy.

The risk of losing property stops many. But often it is better than to lose it after submitting the claim by creditors and the beginning of the executive production. Especially worry about the duration of the process is also not worth it. The main thing is to understand in advance what is needed for the announcement of the bankrupt physical person.

Conditions necessary for the recognition of a natural person bankrupt

What is needed for announcement by bankrupt the individuality?

Before you declare yourself with bankrupt in front of the bank and other creditors need to be understood, and whether there is a corresponding right. One of the presence of debts to start the procedure is not enough. It is designed for those who really can not cope with their obligations.

Standard rules It is possible to start the procedure for recognizing a citizen insolvent subject to the following conditions:

total debts exceed 500 thousand rubles;
the delay duration reached 3 months;
the amount of debt is greater than the value of the property existing in the debtor (with the exception of personal belongings, the only housing).

Start the procedure is allowed and at a lower amount of debt, if more citizen is not able to fulfill its obligations. But the catch is that with the amount of debt to 500,000 rubles. We will have to prove its inconsistency. Otherwise, the courts refuse to accept the application.

Required documents for the bankruptcy of the individual to the bank

What to start a bankruptcy procedure of a private person? The most correct option is to prepare all documents. Without them, it will be actually impossible to properly prepare a statement, and the court may not accept it. If the bankruptcy application is not accepted, the citizen is given time to collect documents and submit their court. If this is not done, then the application is returned.

What documents are needed to submit an application to the court depends on the situation concrete person. All paper needs can be divided into 3 main groups:

Documents for the personality of a citizen. This is not only a passport, but also reduce and extract about the statics of the personal account in the FIU, TIN, the marriage certificate, the birth of children, a marriage contract if available, a certificate of the presence or absence of the status of IP. In the case of a divorce over the past 3 years, the corresponding certificate and documents on the division of property (if available).
Financial documents. To confirm income, you will need to submit a salary certificate for the last 3 years, the pensioner also provides a pension certificate. In the absence of work, pose a certificate from the employment service. Additionally, it is necessary to submit a list of property and documents on it (if any), certificates about the presence of bank accounts, extracts for them. If the citizen has stocks, then the appropriate statement will also be required. During the past 3 years, transactions in the amount of 300,000 rubles should be submitted on them all contracts.
Debt documents. All contracts, extracts and other documents confirming the amount of debt to each lender will be required. And it is also necessary to submit all documents and on non-credit debts (for example, tax debt certificates, fines on fines). Additionally, it is necessary to make a list of all creditors, indicating their location, amount of debt.

If some documents are missing, they should be requested in advance. Sometimes their willingness have to wait 5-10 and even 30 days. It is important not to forget that some references have their own duration. For example, the Help 2-NDFL will be adopted if a maximum of 30 days is obtained to the date of application of the application, and the certificate of the absence or presence of the status of the IP is 5 days.

Pros, minuses and consequences of bankruptcy for man

Advantages and disadvantages of bankruptcy

Chief plus bankruptcy - The ability to get rid of unbearable debts. They will be written off during the procedure. In some cases, if a person is clearly able to repay the debt for 3 years, he will be given the opportunity to do it at a gentle schedule. Additionally, it is also possible to note the following advantages of recognition of an insolvent:

Lenders and collectors will not be able to put pressure. For them, the ban will be installed after the first court sessionwhere the debtors recognize bankrupt and begin the procedure itself.
Suspense court decisions until the end of the procedure. After it, it will be decided what to do with the remaining debts. This does not apply to alimony, compensation for harm to life and health.
Fixing the amount of debt. Accrual interest, fines are suspended with the beginning of a person's recognition procedure insolvent. With big debts, sanction for delay can be huge.

Minuses of bankruptcy procedures

During the bankruptcy procedure, the debtor cannot carry out transactions for sale, donation or alienation in other ways, as well as the purchase of property. While the procedure is illegal, it also cannot dispose of its finances. All maps and access to online banks are transferred to the Financial Manager.
We will have to carry additional financial costs. Financial manager services will need to pay. Additional advice of lawyers if they need, also require expenses.
Duration of the process. At least half a year takes place, and sometimes the consideration is delayed for a year or more.
The status of bankrupt. For 5 years, it will have to report to potential creditors about passing through the recognition procedure financially insolvent when making any loan or loan. They can check it out themselves. Hide this fact will not come out.
Temporary ban on re-passing through the procedure. It will be possible to re-start the procedure for bankruptcy by the individuality than 5 years after the completion of the previous one. This rule was introduced so that people responsibly belonged to the chance provided to them.

The consequences of the recognition of the saline bankrupt to the bank

Additionally, there are other not for all pleasant implications of the announcement by bankrupt individual:

Loss of income received on time while the procedure lasts. She goes on average from six months to a year. At this time, all income controls the financial manager and sends them to the competitive mass. The debtor can contact him and receive monthly on himself and children money in the amount of the subsistence minimum. If the income is higher than this amount, then the debtor's family will not receive. They will go lenders.
During the procedure, the court has the right to prohibit the departure of Russia. After the completion of the procedure, these restrictions are removed by persons who announced themselves with bankrupts can quietly ride other countries. In practice, restriction on traveling abroad is quite rare.
3 years can not be held by the post of director or a member of the Board of Directors in any organizations. The companies also cannot be owned. MFIs and NPFs should not lead longer - 5 years, and take the post of head of the bank - 10 years. You can register as an IP not earlier than 5 years after the end of the procedure for recognizing a citizen insolvent.

In fact, for many people, the consequences of recognition insolvent are not so serious compared to harassment from creditors and collectors, constant voltage and attempts to solve the problem with repayment of debt. But it is necessary to know them, so as not to do too hasty steps.

How to independently declare ourselves bankrupt in 2020 - step-by-step instructions

There are many companies offering bankruptcy assistance. They will not only tell me how best and correctly declare themselves bankrupt, but also take on the preparation of applications to the judicial authority, as well as if necessary, the interests of the debtor will be represented. But consultants paid services. All people with debts may not allow them to afford.

In 2020, it is quite possible to save and engage in bankruptcy yourself. The procedure will be approximately following:

Collect the necessary documents. It is not easy to receive references, copies of contracts from creditors. They begin to delay this process or just put pressure. If necessary, you should use the ability to request documents through written appeal by legal address lender.
Searches for the financial manager. He must be a member self-regulatory organization, to be listed in the special register and practic in the right region. In total in the Russian Federation more than 15,000 arbitration managers. The quality of services differs significantly. It is better to pay for specialists with experience and successfully communicated affairs.
Preparation of the application. Standard forms for the document does not exist. Appeal to the judicial authorities is drawn up on their own. You can use samples on vessel sites.
Submission of documents. Where to apply for bankruptcy? In the Arbitration Court of the Directory of the Russian Federation, where the debtor is registered. It is first necessary to make a court deposit of 25,000 rubles to pay for the services of the manager, as well as pay the state duty at 300 rubles.
Participation in the first court session. If the court takes an application, then he will appoint a date of the meeting. It should be visited by preparing in advance. Questions about where credit money went and how it was planned to return the debt to avoid everything would not be possible.
Passage of bankruptcy procedures. During it, the court may introduce the restructuring of debt, the sale of property.
Completion of bankruptcy procedure. Based on the materials of the case and the report of the financial manager at this stage, the court decides to free debt from debt or not.

How much does it cost to declare ourselves bankrupt? The answer depends on the situation of a particular person. It is usually necessary to bear the following costs:

state duty - 300 r.;
remuneration of the financial manager 25000 r. (through the Deposit of the Court);
publications of EPRSB, the newspaper Kommersant is about 22,000 p. (Depends on the number of messages, the number of property and other factors):
the postal expenses of the financial manager - about 4000-5000 p.;
the costs associated with the trading - depend on the situation (7% of the value of the property will learn to the manager, and estimates, additional publishing of ads are paid separately if necessary).

Usually, with an independent announcement, the minimum will have to spend 50-55 thousand rubles with a bankrupt.

The term bankruptcy of an individual for our state is young enough, because Previously, it was possible to recognize only the company, enterprises - legal entities bankrupt. Since 2015, the rules and laws in Russia are changed, the one who will pass a special procedure will be a specially untenable person, which will be discussed in our review.

Normative base

Important! It should be borne in mind that:

Each case is unique and individual.
Careful study of the issue does not always guarantee a positive outcome of the case. It depends on the set of factors.

To get the most detailed advice on your own question, you just need to choose any of the proposed options:

The bankruptcy procedure of an individual allows you to get rid of the burden of credit obligations, acting perfectly legal. By the way, for European states there is a fairly common phenomenon. Many people rich for today (Henry Ford, Donald Trump) were repeatedly recognized by bankrupt, which was removed in their time from the debt.

Russian normative base On the issue of bankruptcy of individuals, as of 2020, presented by the following documents:

Civil Code.
Law No. 127-FZ dated October 26, 2002 (changes are valid from 10.10.2015).
Resolution No. 46 of 13.10.2015
Other laws governing the insolvency of citizens.

The very same procedure is engaged in the arbitration court. The rights to appeal to the appropriate authority to recognize a person bankrupt has not only a direct debtor, but also a competitive lender or another authorized body.

Concept and signs

To speak more specifically, the bankruptcy of an individual is determined as inconsistency, the impossibility of an ordinary citizen or individual entrepreneur Perform monetary obligations to their partners, counterparties, banking organizations. However, not every "mutually" person can be recognized by bankrupt. In this terminology there are certain signs, namely:

The total debt amount must be at least 500,000 rubles.
The period during which the repayment was not held - 3 months.

Debt size looks large enough for simple consumer credit, however, there are individual personalities who manage to take a loan in several financial organizationsthat leads their amount of debt to the required bankrupt for the recognition of such borrowers. There is also an option for bankruptcy of individuals with a submission of an application if there is less debt, but then this amount should exceed the cost of the entire property of the debtor.

So, the essence of bankruptcy of individuals is to help a person in solving his debts. After all, as soon as he receives the corresponding status, all his obligations to creditors, partners, etc. Will be considered fulfilled. No longer need to pay for fines, penalties, interest on loan, etc. according to a court decision.

Bankruptcy without property

Bankruptcy of individuals without property under the law is possible and is carried out according to statistics in 95% of cases. Here is meant in view of the absence of any kind of property, but not always people understand and know what they really have the right to claim.

For example, the "prostitute" bankruptcy of the individual will not be conducted if the property of the debtor is registered on the spouse / spouse. Apartment, house, machine, etc. It will not be considered personal here, only by "its" property of a potential bankrupt - the second spouse has ½ share on such property. Those. It does not matter who real estate or vehicle is registered, the right of her husband and wives are the same, unless otherwise provided by the marital contract.

If there are certain circumstances, it is always necessary for documentary confirmation. If for any reason the debtor cannot find out if movable or immovable property is in its official order, you can contact Special Rosreestra services to submit a query (pack).

The bankruptcy procedure of individuals is also possible if there is nothing at all, it has long been sold or there is a single housing that cannot be implemented in the procedure. Every question will be considered in individual orderBut do not forget about such concepts as decency and conscientiousness. The court will be able to recognize the applicant with bankrupt, but pay all the necessary payments for the consideration of the debtor will need independently, and the lawyer's services will be very appropriate here. Alone to make the intended turns out to be difficult.

As a result, the outcome of events may be as follows:

Restructuring the amount of debt.
Peaceful agreement.
Implementation of property.
Extending the loan repayment period.
Removing all available penalties.
"Forgiveness" of parts or all debt.

With the help of a good lawyer, it will achieve the most effective result.

"Independent" bankruptcy of individuals - step-by-step instructions

If you want to start a bankruptcy procedure yourself, saving on the services of lawyers, then we recommend considering the detailed briefing of your future actions or step-by-step bankruptcy of individuals relevant for 2020. Let's start with the duties of the debtor.

In the case when a citizen of the Russian Federation must be one or more credit organizations (Banks, MFIs) in the amount of 500,000 rubles and actually evaluates its insolvency, it should no later than 30 days (workers) from the moment of the emergence of such a situation to submit an appropriate application to the arbitration court, which indicates Art. 213.4 FZ.

The situation is permissible when a person is not obliged, and has the right to write a statement if he was able to foresee his inconsistency to fulfill current obligations to creditors. In this case, the submission of a request for a bankruptcy of an individual is also appropriate if not or not enough property. There is a chance to satisfy at least part of the requirements of banks or partners.

Documents for arbitration

The list of documents necessary to proof the insolvency of individuals and the consideration of the bankruptcy procedure is quite voluminous. The entire list of references is described as much as possible in Art. 213 FZ. We will dwell on some of them. In addition to the application, you need to collect the following references:

On the presence of existing debt.
Extract from Egip, made no later than 5 days before it is submitted to the arbitration court. Help indicates the absence or availability of the PAT status bankrupt.
The number of creditors indicating their name or name, including the amounts of the debts to each of them.
Property inventory of all types of property available. In the case of bankruptcy of individuals, for example, when mortgage, it is necessary to indicate the subject of mortgage property.
Copies of the debtor's concluding documents over the past 3 years of contracts for real estate transactions, securities, with vehicles, transactions in the amount of over 300,000 rubles, with shames in the Criminal Code (authorized capital).
A copy of the decision that the borrower received the status of the unemployed if available.
Marriage certificate (copy).
Certificates from banking organizations on the existence of the future bankrupt accounts, balances or deposits.
Income certificates over the past three years.
Other documents confirming the circumstances according to which bankruptcy is issued.

Preparation of the application

In order to competently write an application for the recognition of the debtor bankrupt, it is necessary:

In the "header" of the paper indicate: the name of the addressee (the arbitration court at the place of residence), their name, personal data (date of birth, passports, place of residence, telephone).
In the application itself, you will need to register the amount of debt. If the size is challenged, then you must specify an indisputable amount of debt. Here the reasons are also covered according to which the financial condition of the debtor has deteriorated largely and led to the relevant debt.

If there are various claims for a potential bankrupt, for example, to write off with its cash bills, it is also necessary to specify. The text of the statement should be written about the available property, the availability of bank accounts.

It should be noted that the appeal to the bankruptcy of an individual can be filed in several ways: via the Internet (the system "My Arbitrator"), by registered letter to the court, with a personal visit to the authorized body at the place of residence. When using the last method you will need a passport. It will be necessary to turn to the court office, providing a copy of the number of all creditors. Not only the debtor himself can make a request, but also his trustee, on the basis of a proper power of attorney.

Bankruptcy cost

Feeding everything required documents According to bankruptcy, Piz. Persons, including a statement, you will need to commit obligatory payments For the procedure. Their list is presented in the table below:

Purpose of payment	Sum	Features
State duty	6 000 rubles	Fixed payment
Remuneration Financial Manager	25 000 rubles	Paid at the same time, it is possible to delay, submitting together with the statement of insolvency in debt payment Special petition ()
Payment of publications in the ETRS	Up to 400 rubles	This amount is charged for 1 publication.
Services of companies that can help in organizing the process	From 50 000 rubles	The total cost depends on the number of lenders, the presence / absence of property in the debtor. This price includes all obligatory payments.

Having received a mark on the statement that it is pleasant (exhibited in the Office of the Arbitration Organ), the court in your case will be held at about 1.5-2 months. Further time will depend on the type of procedure entered.

Process movement

The arbitral tribunal, examined the debtor's statement, the lender or any other authorized body, can recognize it justified or vice versa - unreasonable. In the latter case, the procedure is terminated or the application remains without further consideration. The unreasonable statement may occur for the following reasons:

The debtor does not correspond to the signs for obtaining the status of "bankrupt".
Requirements of creditors at the start date of the court session are already satisfied or considered unreasonable.
The solvency of the potential bankrupt is not documented.
Conducted claims To resolve the dispute between the borrower and the lender.

Judicial practice - possible solutions

Let's consider in more detail, in what cases one or another type of court decision is applied on the issue of bankruptcy of an individual, and we will also analyze the peculiarities of the process:

Debt restructuring. The procedure lasts an average of up to 6 months, but not more than 3 years. There may be no borrowers for it, who did not have any income on the designated day of the meeting or they were attracted to administrative responsibility For damage to property, petty embezzlement, etc. The period of restructuring in the procedure of bankruptcy of an individual will be a kind of "rescue circle" for a borrower, why is it necessary? To restore the debtor's solvency and repay all his debts in front of creditors according to the legal plan. The head of the process will be the most financial manager appointed by the court and received a remuneration from the debtor. During the procedure, there will be a revision of conditions, order and period of debt. The actions of the debtor must be previously agreed with the manager.
Implementation or sale of property. It will begin immediately after the recognition of the debtor bankrupt. It is used in case of failure to restructure the debt restructuring. The rights regarding the property of the debtor and the maintenance of its bank accounts will be transferred to the final enterprise. Transactions without his participation are recognized by invalid. Implementation is subject to all property bankrupt except for which the recovery cannot be assigned (described in Art. Code of Civil Procedure of the Russian Federation).

The procedure for satisfying creditors

Considering the procedure for satisfying the creditors' bankrupt, the order of repayment of each debt should be known. So, looking in Art. 134 № 127-ФЗ, it turns out that it initially occurs debts to the lenders of the first stage, and this is the fee of the financial manager, the payment for the services of appraisers, court expenses, current payments.

The second stage includes the requirements of creditors from the payment of employees working in the debtor according to labor Treaty, Weekend benefits. Next, the services of persons attracted to the Arbitration Court are paid. The fourth block is operational (utility) payments. The fifth line belongs to other lenders.

Calculating all creditors, the financial manager is a relevant report for the judiciary. At its basis, the court makes the definition of the completion of the procedure for the sale of property, and the citizen is exempt in all its obligations to creditors.

The procedure may have cases where the bankrupt is impossible, for example:

A criminal case was initiated against the debtor.
The court is provided with false information.
Bankrupt requirements cannot be discontinued (for example, alimony, moral damage, s / n, etc.).

Consequences for the debtor

There are both the pros and cons of bankruptcy of individuals. At first glance, the procedure allows to obtain debt restructuring, world Agreement With creditor or full write-off of all debts. With the introduction of the procedure, the body of an individual ceases to grow, which is important. This is definitely advantages, but certain restrictions are introduced into the debtor. So, the bankruptcy of individuals entails some minuses:

Within 5 years after receiving a citizen of the status of "bankrupt", it is not allowed to make loans without specifying that it is.
Within 5 years after submitting a statement to the court, a new bankruptcy case cannot be initiated except for the appeal to the creditors' authorities, with the write-off of the remaining obligations - it is impossible.
A citizen is not allowed to occupy managerial positions in organizations with the status "Legal entity" within 3 years after the court adopted a decision on the appointment of individuals bankrupt.

The above disadvantages are contained in Art. 213.30 №127-ФЗ. You should also not forget that the procedure itself is highly high-cost, and bank cards, accounts and property of the debtor until the final process will be disposed of. Possible option for selling property at bargains or arrest. Even, during this period, bankrupt is not allowed to leave the country's limits.

Consequences for relatives

Despite the fact that information on bankruptcy and individuals and legal entities is open, contained in single Registry, your close relatives, most likely, will not come to mind it. Especially interested persons enjoy these information (creditors, arbitration managers, etc.). It turns out to learn that you are bankrupt, they can, in fact, only from you, and there is nothing of the goslane.

The life of bankrupt relatives in no way will be limited. The credit history of your loved ones is not spoiled. But if it comes to the seizure of the property, the ½ owner of which is the spouse or wife of the debtor, will have to get a certain "portion" of inconvenience. For example, if the spouses have a car, registered with one of the spouses, then the final guidelines has the right to sell it, and half of money give the relative of the bankrupt. Only shared property is taken into account.

Interests and distant relatives may also be addressed in cases with equity property, for example, when selling at home, half-belonging to his sister or brother. In general, nothing criminal and dangerous will not happen.

Last updated: 03/09/2020

It is known to many that bankruptcy is a desperate and risky step in the fate of a person. And anyone who dared to commit him should be aware of how much it can affect not only his future, but also close relatives. Only clearly realizing the consequences of the bankruptcy of an individual, you can take a right decision: it is worth it or not. After all, the whole idea is not reduced to solving one question - whether all debts are written off after bankruptcy. Although many people think. Why read this error in the article.

The consequences for the debtor during the bankruptcy procedure

The first echoes of the bankrupt procedure, the non-payer may feel even in the course of doing business. Since the approval of the statement of insolvency (depending on the appointment or restructuring of debt or property implementation), the following features are arising:

In relation to property rights

Acquisition of property (Buying real estate, transport, expensive things, securities, shares, statutory share etc.), sales of your property (sale, exchange, etc.) is possible only with the consent of the manager, and when the implementation of the property is introduced, then these operations are implemented by the final manual personally without the participation of a citizen;
Full ban their assets, making them into the authorized capital of firms, cooperatives, etc.;
Everything registration actions with property (transition rights, encumbrance, etc.) makes an arbitration manager;
Bankruptcy removal from all bank accounts, deposits and deposits (ruble, currency). These powers will be finished, including with the right of claims from the debtor of bank cards and their blocking.

Other personal rights

The right to be guarantor, act as a guarantor, buy and sell debts, mortgage things allowed with the permission of the financial manager;
Ban on the purchase of securities, share, shares, shares of legal entities;
Limit on foreign trip (Courts introduce such a measure at their discretion, may be at the petition of creditors). There are cases when the ban on traveling abroad is not introduced;
Ban on opening accounts in banks - Since the realization of the property, the opportunity to open / close accounts in banking and other credit and financial institutions remains only at the finiprava.

About debt

the amount of debt is fixed due to the freezing of interest, fines, penalties, penalties, etc.;
cases of bailiffs stop (except for some: alimony, causing harm to health and similar);
all claims and claims are accepted into the only court - which leads a bankruptcy;
contracts, contracts and agreements in which the debtor provide services and work may not be executed at the request of performers (contractors) without taking into account the opinions of a citizen;
debts are paid in order of priority (determined by the law) according to the plan of restructuring, and if the court appointed the implementation, then as sales of the debtor's assets.

What to expect after bankruptcy - negative moments

The result of the procedure and justifies their expectations and brings unpleasant surprises.

Huge, albeit the only advantage of the whole of the venture is a complete exemption from debt obligations. In fact, debts are written off under the "0" without regard to the size of the remaining debt. In front of such creditors, deprived of attention and the ruble, bankrupt is clean. At the same time, it does not matter whether the lender participated in the procedure, having received modest compensation, or did not know the events at all, did not even have time to overcome his intentions. If the court recognized the procedure for completed, then to ask the debtor nothing else!

But negative consequences will be much more. List them:

Repeability of the procedure

subtle another statement In failure, not earlier than 5 years after the end of the case is completed;
at the same time, if the case was approved by the restructuring plan, the next time it can be made only after 8 years. This means that the following bankruptcy (if it is appointed earlier than 8 years (admit, after 5 years)) will be defective, without the possibility of restructuring (only the sale of property).

Need to inform others

if a citizen has restructured his non-payment, then within 5 years after repaying the debt, it does not have the right to hide this circumstance (for example, filling out a questionnaire to receive a loan, in the relevant graph, he should note this fact of his life);
if the sale of assets was introduced, then when receiving loans, loans and loans, this information should be reported earlier than the name calls its name. Yes, and still insisted that it was inscribed in the contract.

Deprivation of the right to be the leader

3 years after the completion of the case, it is impossible to be a founder nor the head or a member of the Board, the Board and other ruling bodies of legal entities;
if the debtor was an entrepreneur, then such a term increases to 5 years, besides, having lost the status of an individual entrepreneur, it cannot be returned during this period.

Credit history spoilness

It makes information about the basic events during the procedure (acceptance of the application, completion of calculations, exemption from further obligations, etc.).

What debts remain under bankrupt, which cannot be written off

It is not necessary to be mistaken that by completing the bankruptcy case, one fellible can be committed to all debts. There are obligations from which it is impossible to get rid of even passing through the entire bankruptcy procedure:

non-payment of alimony;
amount of recovery for causing damage to health, life, property;
delay in paying salary, weekends (if the debtor of the IP or the employer in private);
compensation of moral harm;
debts that arose during the procedure, the so-called current debt.

It happens that from standard arrears (loans, taxes, utility bills, etc.) after the completion of the case cannot be evincible.

The debt will not be reset if the citizen is evoked in violations of the bankruptcy procedure (fictitious, deliberate bankruptcy, the message of false data to the court, Fin. Entrusive, etc.) or debts were charged with fraud, deception, malicious evasion of their quenching, other.

Recently there have been a mass trend Information on no bankruptcy-based production (credit) debts. Often when collecting documents for the conclusion of a loan agreement, citizens represent incorrect information It would seem formal, but as a result, playing a fatal role. Here is a typical example: filling the questionnaire, the future borrower in the "Availability of current loans" column writes "no", although these are available. Information at the conclusion of the transaction was not even checked and did not affect the issuance of the loan. But during the "bankruptcy ceremony" it turned out that loans at the time of filling the most ill-fated questionnaire were. This will become the basis for saving debt. That is, they recognized bankrupt, but the debt was not written off.

And there are many such incidents: they indicated not the goal on which the loan is planned to be planned, presented a linden certificate of salary, they hound about property and so on.

Increasingly, the courts recognize the "empty" result of the insolvency procedure based on recognized financial impotence when taking an obligation. That is, when a person has an income that clearly does not allow him to pull him a loan.

For instanceSomeone A. has a salary of 30,000 rubles in size, there are no other income. He has loans for which he pays a monthly 15,000 rubles. He gets another loan that suggests a monthly return in the amount of 7000 rubles. For 5 years. At the same time, on dependency at the borrower there is a wife and two children who do not have independent income. So gr. A. Per month to banks should give 22,000 rubles. And provide a family for 8,000 rubles, which is less than 1 subsistence minimum. Credits were spent in such a way that no property and values \u200b\u200bwere acquired (a trip to the rest, buying clothes, the celebration of the wedding anniversary). In case of this case, to recognize itself insolvent is extremely risky, as the lenders can recognize in the actions of the borrower the lack of intentions to return debts due to the deliberate absence of economic opportunity.

How reflected bankruptcy on relatives

Recognition of a person is financially insolvent - this is a purely individual event, however, what happens does not leave aside and other persons. The negative consequences of the bankruptcy of an individual for relatives of the debtor are particularly tangible. The first group of risk includes husbands and wives, then the rest are relatives.

Spouse / Bankrupt Spouse

The property of the debtor, in which there is a proportion of the spouse, is forcibly sold (for repayment of debt), the husband / wife of the debtor relies only financial compensation in the amount of its share. In this case, such a size is not always cost-effective and fair. After all, if the spouses have overall debt or one gives an obligation for another (guarantee, pledge, guarantee, etc.), then from the share of a citizen's spouse, these obligations are fully and only the balance of funds gets to her husband / wife.
The transactions of the spouse with property can be challenged (by assumption that this common property, and a personal wife / husband). Returned things go to the realization mass. The spouse return the share of money if anything remains after calculations on the other side of the canceled transaction.

The rights of her husband / wife of a citizen are very scarce, they are only entitled to participate in matters of the procedure for the sale of assets, as well as in ships on transactions.

Problems in other relatives

transactions between citizens and relatives, committed a year before bankruptcy, are disputed by the manager. Almost all of them are canceled.
members of the Family Family, due to the control of the debtor's finfering budget, are deprived of a comfortable existence. They have to get used to a new life, reducing the level of their requests and spending.

Their risks may depend on individuality life situation, features of relationships with the debtor, property and economic relations PR.

for example, Citizen had shared property in a residential building and land plot Under it with brother, mother and son. As a result of the sale of real estate within the procedure, instead of a debtor, a composite person has become a stranger, which can lead to a conflict of interest in the use of the house and land, etc. Questions.

Hidden threats

In the bankruptcy of individuals, the consequences for the debtor are not always so obvious and predictable. Often the behavior of a citizen can cause unpleasant surprises. The law provides for criminal liability for non-payment:

Forethought

When a citizen summarizes his affairs under signs of insolvency, but at the same time he could prevent this (Art. 196 of the Criminal Code of the Russian Federation).

Example: A citizen lent money to his friend, but did not demand their return after the expiration of the loan agreement, did not appeal to the court for the recovery of non-payment, as well as bailiffs about forced execution Debt. As a result, the physically does not have the opportunity to pay off with their creditors, but could have done this if they would expire their debt.

Fictitality

The debtor, creating the visibility of the lack of finance, appeals to the court for initiating the procedure, although in fact it is quite consistent (Art. 197 of the Criminal Code of the Russian Federation). Pursued goal: to obtain a deferment on the payment of debts at the time of the introduction of the procedure or at all write-off (forgiveness) arrears.

Illegality

Machinations with property (concealment from creditors, secret sale, intentional destruction, etc.), calculations with a separate lender to the detriment of others (out of turn, without complying with proportionality, etc.), illegal counteraction to the Arbitration Manager (Article 195 of the Criminal Law) .

Crimes are considered perfect if the actions of the violator cause creditors to damage more than 1.5 million rubles.
If losses are less, then they can be attracted to administrative responsibility under articles 14.12., 14.13 of the Code of Administrative Code.
Also, to the criminal (Art. 159.1 of the Criminal Code of the Russian Federation) or administrative responsibility (Art. 14.11 of the Administrative Code of the Russian Federation) I can attract information about bankruptcy events in the life of a citizen as a fact of concealment from banks and other projections.

Another unpleasant consequence – Absolute financial losses. The man sought to get rid of himself from debts. He spends time, strength and significant amounts for court expenses, the fee of the financial manager without the rear thoughts about whether the debt remains after bankruptcy. But in the end it turns out that there are circumstances, due to which the debt remains in the same form (even increases due to penalty and fines). With this procedure is considered spent, no one will return costs for it. Plus, debts remained. As a result, the debt minus becomes even more.

How to avoid negative consequences

Mount legal consequences Bankruptcy of the physical, openly stipulated by law, It will be possible. Therefore, everyone standing on the eve of the choice should weigh what is more profitable for him: to initiate the procedure or not to try this game. This is the main rule, how to avoid negative results of the case of insolvency, that is, it is necessary to decide for yourself which of two angry.

As for hidden threats when passing the procedure, you should adhere to a few simple principles in order not to please it:

Do not attempt to falsify documents, Follow the circumstances (to create the visibility of failure), illegally manipulate property (for its leadership), etc., the procedure is followed both lenders and the manager. All of them have their own interests, do not always coincide with the debtor. Therefore, if they only give a reason, then conflict and big problems may arise;
Do not give priority to any of the creditorssince the infringement of the rights of others can lead to initiation attempts with a criminal case or an administrative offense case;
Do not enter into collusion with the Arbitration Manager. Some of them (mainly managers decent and honest people) Tell adventurism and crime. For them, this is just another earnings, and for you a serious stage in life;
Make sure to keep doing businessInnegraten into all the details and details, participate at all meetings and meetings. So control you exclude conspiracies for your back. Let you not understand the meaning of many events, but the very fact of your presence will be discussed by the desire to abuse its position as a manager and a separate lender.
Before making a decision on obtaining the status "Insolvent"Make sure there is no reason when the debt will remain in force after completing all bankruptcy measures.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions for several days.

Since 2015, not only legal entities can become bankrupt in the Russian Federation, but also ordinary citizens who fall into the category of insolvent - they either have accumulated debts in the amount of half a million rubles, and the proceedings for their payment exceeded 3 months, or their monthly income is missing To pay in full amount of the amount of debts (loans, taxes, utilities, etc.). Debts in charge of other individuals and various organizations are also taken into account, while the amount of accumulated debts is developing.

If a person understands that he has no opportunity to get out of the debt pit, debts grow, there is nothing to sell obligations, and the salary or pension does not allow to repay monthly payments, bankruptcy can become the only way out of the situation. From the moment of the start of the proceedings, the calls of collectors and banks will stop on this issue, which for many borrowers is like a throat of fresh air. The procedure takes relatively little time - on average no more than a year.

So why for those for several years that have already passed since the adoption of the law, bankrupts were recognized as a few tens of thousands of people, despite the fact that potential banks that have the qualities described in the law, we have more than half a million people? The thing is that the procedure is quite complicated, expensive, requiring full immersion and occupying a lot of time. Forces, she also takes a lot, both physical and spiritual.

How profitable and convenient to carry out bankruptcy of individuals, the reviews of the procedure will differ. In our article, consider reviews for 2019 to understand whether it costs to contact this procedure at all and in what cases it will be most justified.

List of cases

Most often, residents of large cities are submitted for bankruptcy, which are better legally accredited and which have the opportunity to consult a competent bankruptcy specialist. Therefore, the most reviews about bankruptcy of individuals are left by residents of Moscow, St. Petersburg, metropolitan regions.

What is evidenced by the reviews of those who took the first step and himself appealed to the arbitration court with a statement about recognizing themselves with bankrupt:

You can go through the procedure yourself

Make sure in the amount of up to 100,000 rubles,

Time can take up to 1 year, but with the realization of property usually takes 7-8 months,

The consequences of recognizing bankrupt are not as terrible, as it is considered, and completely overlap the benefit.

It is necessary to get involved in the procedure if debts are more than half a million, and there is no real estate and other major property.

Those who have passed the procedure of bankruptcy noted that the law is not yet perfect. Some moments cause a lot of disputes. Real cases - in our article.

Julia S., Stavropol. "Passed a bankruptcy procedure in 2017. He applied for the help of professional lawyers, since there was no time and desire to do it. It was profitable for money, because from lawyers the financial manager communicates quite differently, and does not require too much. In the end, he wrote down two loans, one by 700,000 rubles, the second to 234,000 rubles. There is no real estate on me, I do not work anywhere at present, I sit at home with a small child. Parents helped the procedure. It took about 50,000 rubles + 25,000 lawyers. "

Myths on bankruptcy of individuals according to reviews

As the practice of bankruptcy shows, people are in no hurry to run into arbitration courts, so that they have written off all debts. All because there are many myths around this process. Let's dispel some of them.

Myth 1. Only debts that have accumulated to date are sprinkled. The rest will still have to extinguish.

The myth appeared due to the prepracting interpretation of one of the articles of the law, where it is said that the debtor's current obligations are not subject to debtor. But there they also refer to debts associated with the personality of the borrower. That is, if you have a claim for damage caused in result of an accident, then this debt, even after passing the bankruptcy of individuals 2019, no one will write. Also necessary to pay for utilities - Demand you wriggle, but you will continue to enjoy hot water, gas, electricity? Nobody canceled current payments for the data of the goods. Also, I do not need any alimony and salary (if you are the IP and have debt on payments to employees). But the loans will write in full, and after that they will close - even if, before the end of the loan agreement, a year remains two or more.

Myth 2. The debtor will not be able to leave more abroad.

Not true. Reviews about the procedure say that even during the consideration of the case, you can send a petition for departure to court if you need to go on a working or family deeds (Of course, not for the sake of vacation in Thailand). And after the end of the procedure there are no restrictions.

Myth 3. Instead of bankruptcy, can award select the entire salary or pension.

If a bankrupt has a permanent source of income, which allows you to cover the requirements of creditors, then its debts are subject to not write-off, but restructuring. In this case, your property will not touch, but they will pre offer to perform a plan to repay debts, compiled together with creditors. From a salary or pension will be deducted 50% (or less - should remain no less than the amount of the subsistence minimum in your region). There are nuances - the presence of dependents, and others.

If the feedback of the debtor about recognizing bankrupt says that everything has been taken from him, until the last penny, do not believe it, it simply cannot. Absolutely all property cannot withdraw and absolutely - there is a list, according to which personal belongings are not subject to withdrawal, the only housing, etc. All is indicated in the law.

Reservations and situations

The process is complex and unclear to the end of the ordinary citizen. Lawyers make money on it - they are frightening that there are such situations from which no legal assistance cannot get out. In fact, the hell is not so terrible as his little.

So that a person is recognized insolvent, he can apply either by himself or through a trustee. It is also possible to apply to the court to recognize persons with bankrupt and other organizations that he owed a large amount of money.

The second case is rarely found, as malicious defaulters are usually citizens with a minimum of property and income from which there is nothing to take. Pays for the court one who initiated a bankruptcy case. Therefore, the bank or HOA or another organization is also unprofitable and pay for bankrupt, despite the fact that he will not receive anything in the end. It is only worth afraid of those citizens who have enough property (it is worthwhile to sell it on favorable terms and to pay off due to the debts revengeted) or those who have property from the creditor. The latter may be seized, even if it is the only bankrupt housing.

Another nuance is criminal responsibility for fictitious bankruptcy. This is when a person quickly sells cars and real estate, or rewrites them to relatives and acquaintances, and then submits to bankruptcy. This is criminalized. And the transactions committed within three years before the application of the application may be challenged and canceled. So we do not advise a torment. And lose money, and you will sit in prison.

Than dangerous

We list the main negative moments of bankruptcy and its consequences for the debtor:

The process of bankruptcy of individuals implies the transfer of all financial assets into the hands of the financial manager. All accounts will be frozen, even those for which comes wage individual.

The bankrupt property will be sold at the auction (auto, cottage, house or apartment - if they are not the only housing, expensive technique, jewels and luxury items, etc.). All this is subject to inventory, and in general, you let in your home and in our lives of other people who will be under the magnifying glass to consider everything you own. This, judging by the reviews, the main negative moment all procedures.

After the declaration of bankruptcy, the debtor will not be able to open a business (3 years), take a loan (5 years), to take a guiding position (3 years). For several years, all major transactions will be obliged to coordinate with its financial managers.

For the bankruptcy procedure you need to pay. No money - no court.

Need a statement

The application must be submitted, to go through the procedure without it will not work. It is submitted to the Arbitration Court at the place of residence. The package of documents listed in the law is attached to it.

On our site you can find, look and download a bankruptcy application - a sample, which takes into account all the requirements for this document. If the design is incorrect, you can return the application for refinement.

Real requirements

Requirements for the face that can be submitted to bankruptcy, are clearly spelled out in law. If you do not satisfy them, the application will be rejected by the court.