The size monetary obligations, including the amount of debt for the transferred goods, performed works and services rendered, the loan amounts, taking into account interest payable by the debtor, the amount of debt resulting from unjust enrichment, and the amount of debt arising from the damage to the property of creditors, with the exception of commitments to citizens , in front of which the debtor is responsible for causing harm to life or health, obligations on the payment of weekend benefits and remuneration of people working on labor Treaty, obligations to pay remuneration to authors of the results of intellectual activity, as well as obligations to the founders (participants) of the debtor arising from such participation;
The right to appeal to the Arbitration Court arises from the authorized body for mandatory plates After thirty days from the date of decision specified in paragraph, paragraph 3 of Article 6 of this Federal Law.
5. Head of the debtor carries subsidiary responsibility For the obligations of the debtor, if the documents accounting and (or) reporting, the responsibility for the collection, compilation, maintenance and storage of which is established by law Russian FederationHowever, by the time of determining the introduction of observation or decisions on the recognition of the debtor, bankrupt is missing or do not contain information about the property and obligations of the debtor and their movement, the collection, registration and generalization of which are mandatory in accordance with the legislation of the Russian Federation, or if the specified information is distorted.
The register of creditors' claims as a registry holder is conducted by professional market participants valuable paperscarrying out the register of owners of securities.
In case of non-submission of such information or lately submission, the arbitration manager or the registrar and the debtor are not responsible for the damages caused in connection with this.
7. The committee of creditors to implement their powers has the right to elect its representative. This decision is issued by the minutes of the meeting of the committee of creditors.
If the competitive lender is invalid by repetitive bidding, the commitment of the debtor's security deposit is entitled to leave the subject of a collateral behind him with its assessment in the amount of ten percent below the initial selling price for repeated auctions.
1. A citizen of the Russian Federation is recognized by the Arbitration Manager, which is a member of one of self-regulatory organizations Arbitration managers.
The decision to refuse to accept persons to the members of the self-regulating organization is sent to such a person within ten working days from the date of adoption of this decision.
Upon receipt of a self-regulatory organization of copies of applications containing the requirement for removing the arbitration manager from the execution of duties entrusted to him in case of bankruptcy and sent to the Arbitration Court to persons participating in bankruptcy case, as well as when sending a self-regulating organization to the arbitration court of petition for the removal of the arbitration manager From the performance of duties assigned to him in the bankruptcy case, a self-regulatory organization submits the candidacy of the Arbitration Manager in the manner established by Article 45 of this Federal Law.
4. In case of liberation or removal by the Arbitration Court of the Arbitration Manager from the execution of duties assigned to it in the Bankruptcy case, the remuneration is not paid to it from the date of its release or removal.
From three million rubles to ten million rubles - twenty-seven thousand five hundred rubles and two tenth percent of the amount of the amount of excess of the balance value of the debtor's assets over three million rubles;
Apply to the Arbitration Court of the application for removal from participation in the bankruptcy of the Arbitration Managing - Member of the Self-Regulatory Organization in case of excluding the arbitration manager from the members of the self-regulating organization for a period no later than the day following the day of such an exception;
On the compensation fund of the self-regulating organization (the amount of property that makes up the compensation fund, the investment declaration of the compensation fund, the facts of appealing for the property of the Compensation Fund);
5. Members of a self-regulatory organization are obliged to disclose information on their activities to be disclosed in accordance with the legislation of the Russian Federation and the requirements self-regulating the organization established.
Documents confirming the presence of a formed compensatory fund of a self-regulating organization in the amount of and in the manner established by Article 25.1 of this Federal Law, or certified non-Profit Organization copies of such documents;
Arbitration Court on the basis of a statement of the control body (supervision) in case of identifying the fact of a violation of a self-regulating organization more than two times during the year of other requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, if this violation is not eliminated or is unrelacted .
2. The minimum amount of the sum insured under the obligatory insurance contract for the responsibility of the Arbitration Manager is three million rubles per year.
Intentional actions or inaction of the arbitration manager, expressed in violating the requirements of this Federal Law, other federal laws or other regulatory legal acts of the Russian Federation or federal standards or standards and rules professional activity;
Comply with the requirement of prohibiting to be an affiliated person of a self-regulating organization and a specialized depositary or their affiliates.
22. Violation managing Company The requirements for the composition and structure of the property established by this Federal Law and the Investment Declaration of the Compensation Fund of the self-regulating organization is the basis for termination of the contract with the Management Company.
The number of members of the National Association of Self-Regulatory Organizations of Arbitration Governors will be less than fifty percent of all self-regulatory organizations, information on which is included in the Unified state Register Self-regulating organizations of arbitration managers, according to this association, as well as on a statement of a non-member of this union of any self-regulating organization, filed no earlier than six months from the date of the occurrence of the specified circumstance.
Inform the control body (supervision) on the change in the composition of the national association of self-regulating organizations of arbitration managers, on amending the constituent documents of the National Association of self-regulating organizations of arbitration managers and the change in other information relating to its information.
In the life of every person who has debts in front of a credit and financial institution or other structures may come when it becomes unable to fulfill its obligations. In such a situation, the procedure for the recognition of its insolvency, which is regulated by the Bankruptcy Law, may be initiated on the initiative of creditors or debtor. individuals FZ №127.
Federal Law 127 Bankruptcy - Changes 2018, summary
In the near future, individuals with overdue debts in front of creditors may have to prepare for the following innovations that are planning to make in the Federal Law 127 on the insolvency of bankruptcy 2018:
- The Law on Bankruptcy Persons at the end of the year, changes can be made, due to which the procedure for recognizing the insolvency of citizens will significantly simplify (under the debt to 700 thousand rubles). If all the amendments are accepted, then the Bankruptcy of Persons (Bankruptcy Law No. 127) will be spent no more than 120 days. In accordance with the regulations of the changed FZ, the procedure will not need to attract the managers. The trial can only initiate a debtor who has overdue obligations not more than 10 creditors.
- A detailed consultation on the bankruptcy of individuals, the norms of the law on recognition of bankrupt, individuals will be able to receive in MFC, at their place of residence. Updated FZ 127 on bankruptcy of individuals provides for the imposition of lawyers on specialists Multifunctional centers. Modified law will allow russian citizens Save funds to pay for lawyers. In MFC, thanks to the revised bankruptcy law, you can get advice, draw up claims, form a package of documentation, etc.
- The Federal Law of the Bankruptcy of Individuals until today did not provide for the removal of the only housing among the debtors. But, lawmakers are planning to make in 127 the law of the amendment, according to which the bailiffs will be able to withdraw even the only object of real estate with the purpose of selling it, paying for debts and acquiring more modest housing.
Requirements for arbitration managers
The Bankruptcy Law of Legal and Individuals requires attraction of arbitration managers to this procedure. Article 20 of the Bankruptcy Law legal entities And ordinary citizens described the requirements for such candidates, but are the main ones:
- The FZ allows you to attract only members of AU self-regulatory organizations to the procedure.
- The legislation states that the applicant should not be interested in recognition financial insolvency Debtor or in lobbying the interests of creditors.
- Article 20 of the Federal Law On Bankruptcy of Individuals Indicates that the Arbitration Manager attracted to the process should not have the status of the subject business activities.
- The Arbitration Manager should have a valid insurance that can pay off all losses caused by its actions.
- The applicant should not be limited in the right to occupy senior positions, and if necessary, it should be opened with access to state. Mystery, etc.
FZ 127 on bankruptcy of individuals
The Bankruptcy Law of Legal and Individuals regulates all stages of the procedure for recognizing the incapacity of the debtors. Over the past few years, cardinal changes have been made in it, only minor edits. Since 2015, the following has changed in the bankruptcy law:
- The magnitude of the remuneration of the arbitration manager increased from 10,000 rubles. up to 25,000 rubles, as well as from 2.00% to 7.00% (during implementation).
- The size state duty decreased from 6,000 rubles. up to 300 rubles.
This law describes in detail the procedure for the procedure. Indicates a list of documents required by debtors to recognize their financial insolvency and initiation trial. The procedure for recovery from individuals and legal entities to repay debts to creditors, in particular the procedure for the withdrawal and realization of valuable property.
Until recently, the Federal Law "On Insolvency (Bankruptcy)" did not include such a thing as the inconsistency of individuals. In the previous year, the legislator corrected this omission, and the last edition came out with the addition of necessary Art.
Take the entry of existing norms regulating the insolvency of citizens, as amended, it is important both in society and in public Policy and science. In connection with the development of scientifically technical thought, more and more citizens, seeing broadcasting on TV, reading news on the Internet, chasing a good life. To do this, they take loans that are subsequently not able to pay, and this in turn entails responsibility under the law "On executive work"And close communication with the bailiffs.
Federal Law On Bankruptcy 127 FZ Last Editorial
127 FZ on bankruptcy will enter into such citizens, and provide a painless state way to return its creditworthiness and control over their debts. The law contains norms, according to the terms of which the physical person will have the status of bankrupt. They respond to the question - for which period the credit transactions of a citizen are disputed.
Bankruptcy of individuals
The Federal Law "On Insolvency" with changes that have entered into force from October 2015 is in free access in the Consultant Plus system. Here you can download information on overdue credits of both physical and other person.
CHAPTER X will contain and consider this mechanism for the recognition of individuals bankrupt. The procedure can also be directed to such a subject as an individual entrepreneur. The implementation of these rules is possible both by the citizen itself and the lender.
Law with change, latest revision
In contrast to other entities, subject to the law, a simplified procedure is used for an individual. For the implementation of all international standards Specially authorized commission operating within the framework of the Constitution of the Russian Federation and international treaties is responsible.
FZ about insolvency 127 FZ
- An individual should not have a debt of less than 500 thousand rubles.
- The Last payment on debt, the lender must receive before the expiration of the 3rd months.
Simplified procedure
Periodic literature, guided by law in a new edition, as well as in accordance with comments and additions of prominent scientists, proposes to introduce and recognize the simplified regime of recognition by the debtor of an individual.
Thus, a citizen for recognition is not obliged to undergo all stages competitive productionAnd it may limit to such a stage as observation and competitive production. At the last stage of the debtor, to solve his case, which makes an arbitration court, the bankruptcy trustee is applied.
For what period the transactions are disputed?
The Russian Federation, introducing a relaxing position for the debtor on loans, while in no way helps the debtors for non-payment of aliminal obligations, or non-payers of moral damage, but there is no transport tax.
The current edition of the Federal Law No. 127-FZ contains a direct reference to such a document as the Criminal Code of the Russian Federation for 2016. Article 197 of the Criminal Code contains criminal penalty for fictitious bankruptcy, Russian investigative committeeindicates the increasing cases of this kind of offense.
127 FZ on the insolvency of bankruptcy
This document, namely, the Federal Law 127 on the Science and State Scientific Technical Policy, which has approved Russia, will act and regulate the regulatory and legal status between subjects of scientific activity and state power.
The strength of this law includes the main regime, in accordance with which the activities of the above-listed persons are regulated. This legal act It does not affect certain dates, but the need for it is more acute at such months as, March, May, July, October and December.
Who can't be declared bankrupt?
A new comment to Article 213.1 of the Federal Law "On Insolvency" A citizen who in the near future will receive the status - bankrupt should be subject to the rules that contain the tenth chapter. The rate of debt size in 500 tr. Limits the circle into which the debtor can enter.
The use of the item, in the ratio of the duration of the non-payment of a loan in 3 months, helps to identify the necessary obligation to recognize the debtor bankrupt.
Download text free
Observation of the law
The text of the above law and the legislator will contribute to new edition Such an add-on as the failure of an individual, to contain an important legal postulate, designed to give the opportunity to return solvency to citizens and recognition by their full members of society. The entry date of the law generates an important consequence for the lender and the debtor.
It should also be borne in mind that one statement is not enough. It must be attached to certain documents. Their list depends on the specific situation. In addition, the process of introducing amendments to the Law 127-FZ goes just a year, so it is impossible to exclude that it can be changed.
No need to be confused world Agreement and debt restructuring. Most often, the agreement simply confirms a delay or partial concession. At the same time, the detailed schedule is not compiled. For example, if the bank agrees to wait 2-3 months and not to prescribe fines, and by expiration, the debtor hopes to find a source of income and cover debt in full, this is reflected in the Agreement.
Law on Bankruptcy Individuals FZ 127
It is also necessary to know that measures can be used for compulsory recognition by bankrupt. For this, the application is submitted by the lender, the authorized body, the competitive manager. Further, as the corresponding article indicates, a standard procedure occurs. In reducing the process can pass if a person died, his location is not known.
Law FZ-127
- World Agreement. Bankruptcy participants (the debtor and its creditors) conclude a settlement agreement that implies that debts will still be fulfilled, albeit on more preferential terms. It is necessary to consolidate the settlement agreement in court.
- Installment. With this option, the lender comes to assign and allows the debtor to restructure his debt, make a more affordable payment schedule. Conditions of debt repayment periods can be changed. Maximum time By installments are regulated by law and is three years.
- Sale of property. The property of a person (with some restrictions that are negotiated in the law) are selling, this money goes to compensation of debt to creditors. For the sale of property, a special person is prescribed, the financial manager, which also pays a remuneration of 10,000 rubles + 2% of the payments.
The person according to the law applies to bankruptcy if he has debts that are equal or exceed half a million rubles. In this case, its bankruptcy is mandatory. A citizen can also file such a statement in a situation when after paying all monthly interest and penny debt, he remains not enough money to comfortably contain himself and its dependents.
FZ 127 on bankruptcy of individuals
Today fresh news about bankruptcy of individuals 2020 Interested in many. The law of October 1, 2015 has long entered into force. This document regulates the procedure for recognition by bankrupt citizens who are not related to business as well individual entrepreneurs (Recall that only legal entities could be recognized by bankrupt).
Citizens who have large debt obligations may be invalid by law, and optionally only on mortgage or consumer loans. Debt on liabilities Court may consider any impressive debt - for example, for payment communal services. If the citizen owe more than half a million rubles by payments, and the period of non-payment exceeded three months - the law allows him to officially declare his insolvency.
The Bankruptcy Law of Individuals - Bankrupt will still pay debts
- If the amount of debt liabilities exceeds the value of the total property. In this situation after the realization of the entire property, debts will be completely written off and canceled. The reason is as follows: even after the sale of property during the bankruptcy procedure, the remaining debts will not be repayed.
- The debtor has no other property, except for the only apartment or house where he lives. But here, too, not everything is simple and there are depressing nuances. For example, a bankrupt citizen in the property has an apartment, a room in a communal apartment or a house, but he is registered elsewhere - the manager on legal grounds will expose for sale this "free housing". This will happen even if the wife, children, relatives who do not have the right of ownership are spelled out. In other words, if the bankrupt bought an apartment before entering into marriage, and subsequently prescribed children and spouse there, but registered in parental accommodation itself, then this property is subject to sale at the auction, and the wife with children will be evicted on the street.
- When a bankruptcy application will be considered, and during the procedure itself, penalties and penalties for delay in debt contributions will not be accrued.
Now we will understand in detail what the citizens expects, who were in the debt point and hope for a "saving" legislative circle, in the form of an updated Federal Law "On Insolvency (Bankruptcy)" N 127-FZproviding for the procedure for bankruptcy individuals.
Federal Law on Insolvency (Bankruptcy) of Individuals 127-FZ and 154-FZ: What you need to know
- count S. general provisions lost strength;
- articles 215 and 215.1 were removed from the text;
- the debtor can be declared bankrupt by direct appeal to the arbitration manager;
- the observation procedure is now mandatory, unless the total amount of debt over 500 thousand rubles.
- for five years from the date of registration of bankruptcy, a citizen is not entitled to seek financial assistance in credit organizations without specifying their bankruptcy;
- for five years from the date of recognition of itself bankrupt, a citizen cannot file an application for repeated bankruptcy;
- for three years, from the moment of registration of financial insolvency, a person will not be able to hold the position of the founder or take any participation in the management of companies.
Bankruptcy Law of Individuals
According to the law, all property of the debtor is subject to sale if the realization of property was introduced against the debtor's arbitrator. All cases from the moment of administration by the court of such a procedure are transmitted by the final enterprise.
Accordingly, within the framework of the bankruptcy procedure, the debtor must submit a number of documents to him. In particular, this includes documents about all the latest transactions, bank statements and confirmation of other operations committed in the last 3 years.
Thus, if it is found that the debtor shortly before the start of the bankruptcy procedure gave property to its relatives or anyone else, then such transactions can be challenged. However, in practice, this is not often happening.
Many are interested, can a person in the process of bankruptcy work? Of course, maybe. However, it should be noted that all the property of potential bankrupt, including cashIntroducing accounts is a competitive mass that is intended to calculate with lenders on debt obligations.
However, the debtor, if he lives on his salary, can apply to the court to exclude some of the funds from the competitive mass. The norms of legislation found that the exception can be subject to funds necessary for the residence of the debtor (in the amount of the subsistence minimum), as well as those who are dependent on its dependence (for example, minor children).
Procedure of bankruptcy of individuals and its consequences for the debtor
Further, the SRO itself offers a court of a specific candidacy of the arbitration manager. Thus, the legislator, apparently, seems to prevent the possibility of the initiator of the bankruptcy procedure of a citizen to contribute to the approval of the "its" financial manager.
For example, a court decision has been made against a citizen on the recovery of debt under the civil-law contract. The execution of this decision will lead to the debtor will not be able to pay with other creditors. The court decision has not yet entered into legal force. But its presence will indicate the inability to fulfill other monetary obligations.
127 FZ Bankruptcy Law of Individuals With Amendments
Regulates in this field Law No. 127-FZ "On Insolvency (Bankruptcy)", this federal act there has been no one year (the thought of it took it in September 2002, October of the same year became the date of his entry into force), and the situation (Chapter 1.1) regulating the procedure for individuals began to act in October 2015, since that time it can Apply in practice. Last edition of March 29, 2020 Bankruptcy of individuals from October 1, 2015 step-by-step instruction Presented in the article.
The requirement to make a person's recognition bankrupt in this case should any lender with a standard statement in the arbitration court. After that, the case will be considered, and such a debtor will be declared bankrupt immediately, that is, the attempts of financial recovery are not produced, any observation, as for the Jurlitz, is not conducted.
FZ on insolvency (bankruptcy) from N 127-FZ
4. After receiving the report specified in paragraph 1 this article, or petitions of the meeting of creditors on the cancellation of the restructuring plan of a citizen and recognizing it with bankrupt or after the term of the meeting of creditors provided for by paragraph 3 of this article, the court appoints the date of the meeting to consider the results of this plan and complaints of creditors to the actions of a citizen and (or) financial manager. About date and place court session The court notifies persons involved in the bankruptcy case of a citizen, in the manner prescribed by this Federal Law.
4. The property of individual entrepreneurs - debtors or those indicated in the first paragraph of paragraph 1 of Article 6 of this Federal Law of Citizens, intended for the implementation of entrepreneurial activities, is subject to sale in the manner established by this Federal Law regarding the sale of property of legal entities.
05 Aug 2018. 464Article 129. Powers of the Competition Manager
1. From the date of approval of the competitive manager to the date of termination of the proceedings on the bankruptcy case, or the conclusion of the settlement agreement, or the deduction of the competition manager, he exists the authority of the head of the debtor and other bodies of the debtor, as well as the owner of the debtor's property - a unitary enterprise within order and On the conditions that are established by this Federal Law.
2. The bankruptcy manager must:
to take into account the property of the debtor, to have an inventory of such property within a period no later than three months from the date of the introduction of competitive production, if more long term Not determined by the court considering the bankruptcy case, on the basis of the application of the competitive manager in connection with the significant amount of property of the debtor;
include in one federal registry Bankruptcy information Information about the results of inventory of the debtor's property within three working days from the date of its ending;
attract an appraiser to assess the property of the debtor in the cases provided for in this Federal Law;
take measures aimed at finding, identifying and returning the property of the debtor, which is in third parties;
take measures to ensure the safety of the property of the debtor;
notify the debtor workers about the upcoming dismissal no later than within a month from the date of the introduction of competitive production;
make to third parties with debt to the debtor, the requirements for its recovery in the manner prescribed by this Federal Law;
claim installed manner objections regarding the requirements of creditors filed to the debtor;
conduct the register of creditors' claims, unless otherwise provided by this Federal Law;
transfer to storage of the debtor's documents subject to mandatory storage in accordance with federal laws. The procedure and conditions for the transfer of documents of the debtor for storage are established by federal laws and other regulatory legal acts of the Russian Federation;
conclude transactions in which there is an interest, only with the consent of the meeting of creditors or the committee of creditors;
perform other obligations established by this Federal Law.
3. The competitive manager has the right:
dispose of the property of the debtor in the manner and under the conditions established by this Federal Law;
dismiss the debtor workers, including the head of the debtor, in order and on the conditions that are established by the Federal Law;
to declare the execution of contracts and other transactions in the manner established by Article 102 of this Federal Law. The competitive manager is not entitled to declare a refusal to execute the debtor's contracts in the presence of the circumstances impeding the restoration of the debtor's solvency;
paragraph has lost strength. - the federal law from 30.12.2008 N 296-FZ;
submit to the Arbitration Court on behalf of the Declaration Debtor debtor invalid transactions and solutions, as well as on the application of the consequences of invalidation of insignificant transactions concluded or fulfilled by the debtor, claims for the recovery of losses caused by actions (inaction) of the head of the debtor, persons who are members of the Board of Directors (Supervisory Board), collegial executive agency or other management body of the debtor, owner of the property of the debtor, persons who operated on behalf of the debtor in accordance with attorney, other persons operating in accordance with the Debtor's Constituent Documents, to submit claims on the extermination of the debtor's property from third parties, to terminate the contracts concluded by the debtor, and perform other actions provided for by federal laws and other regulatory legal acts of the Russian Federation and aimed at returning the property of the debtor;
to carry out other rights related to the execution of the duties imposed on it established by this Federal Law.
4. I lost strength. - Federal Law of 28.04.2009 N 73-FZ.
5. If there are grounds established by the Federal Law, the competitive manager places the requirements for third parties, which, in accordance with the Federal Law, carry subsidiary responsibility for the obligations of the debtor.
Paragraph has lost strength. - Federal Law of 28.04.2009 N 73-FZ.
6. The meeting of creditors has the right to decide on termination economic activity Debtor, provided that such termination does not entail man-made and (or) environmental disasters, termination of the operation of facilities used to ensure the activities of pre-school educational organizations, other educational organizations, medical and preventive institutions, facilities used to organize prefigure, ambulance and urgent outpatient polyclinic, stationary medical care, communal infrastructure facilities related to life support systems, including objects of water, heat, gas and energy supply, wastewater treatment, wastewater treatment, processing, disposal, disposal and burial solid municipal waste, objects intended for illumination of the territories of urban and rural settlementsObjects intended for the improvement of territories (hereinafter referred to as socially significant objects) necessary for the livelihood of citizens. The competitive manager is obliged to stop the manufacture of the debtor of goods (performance, provision of services) on the basis of a decision of the meeting of creditors on the termination of the debtor's economic activity within three months from the date of adoption of such a decision.