Человек, как правило, планирует свою жизнь, incomes and expenses, but sometimes there are unforeseen situations or trivial miscalculations in financial opportunities, and then a citizen faces a number of intractable problems. In this case, they ask questions about how to pay debts, how not to remain without shelter, work and livelihood. Instead of advertising banners about quick loans and loans, letters from banks and collectors with threats appear. A person and his relatives are beginning to be attacked by calls, scaring with unpredictable consequences. These actions are designed to undermine the mental state of the debtor. Creditors drive a citizen into a debt trap.
Three years ago, a law was passedinsolvency of citizens, which is currently the main way to solve the problems of their insolvency. Now the answer to the question of how to file an individual's bankruptcy is sought by many citizens of our country who have burdensome debts. In fact, only one percent of them have already taken advantage of the legal possibility of exemption from the credit burden. Consider the pros and cons of bankruptcy of individuals.
This procedure is a time consuming process.a citizen. As a rule, people turn to lawyers for professional assistance. After all, even filing a lawsuit requires not only the knowledge of jurisprudence, but also the practice of doing business in court.
Процедуру признания своей финансовой insolvency can be initiated by a citizen who owes more than half a million rubles to organizations and citizens and does not serve obligations (not making payments) for more than one quarter. According to the law on bankruptcy of individuals, creditors of the debtor and even the tax inspectorate have the right to begin this process. Bankruptcy can be filed with less debt. The case will be started on it if the total debt is not covered by the cost of property of the citizen.
A citizen bankruptcy procedure may be initiated once every five years.
To answer the question of how to file an individual's bankruptcy, you need to talk about several basic steps. We list the main ones:
What data do you need to provide a person forrecognition of his bankruptcy? According to the federal law of 10.27.2002 127-ФЗ "On insolvency (bankruptcy)", the debtor needs to prepare the following papers:
Only having collected all these papers, the debtor can begin this procedure. However, this is only a brief mandatory list of documents on the bankruptcy of an individual.
The question of the insolvency of a citizen is solved in three ways. All of them are described in detail in Law No. 154 "On the bankruptcy of individuals." Let's tell about them in more detail:
If individuals meet the following conditions, then they have the right to apply for the debt restructuring procedure:
The bankruptcy procedure of an individual appliesto the number of restorative measures and helps the citizen to maintain their solvency with limited costs. Thus, this is a change in the terms of service of existing liabilities (interest rates and maturities) in agreement with creditors. There are no higher interest rates on the revised debts, banks do not impose other financial sanctions (penalties, fines), and cancel the debt security requirements. The maximum term for debt repayment under the debt restructuring procedure is three years.
This procedure is beneficial for the debtor citizen, since it:
Realization of property in case of bankruptcy of individualspersons means a set of legal actions aimed at finding and selling the property of the debtor. The financial manager is involved in this process, receiving all the legal rights to dispose of his property. Transactions made without his participation are recognized as void and have retroactive effect. The law provides for a procedure for challenging future bankruptcy transactions. Therefore, the debtors are not able to re-register (fictitiously to sell) the property to third parties (relatives or close friends). Bailiff services are not involved in the insolvency recognition procedure.
How is a debtor’s property sought?
When selling property in bankruptcyindividuals all describes self arbitration manager. He assesses and sends to the court documents for the sale of objects. Simultaneously with the assessment, the financial manager is preparing a document on the procedure for selling the property for approval during the court hearing.
The property of a debtor in bankruptcy can be sold in two ways:
The valuation of the collateral is consistent withmortgagee. The collateral property is sold according to the rules established by the pledgee. Usually he sets the minimum selling value of the property. If the buyer is not at the minimum cost, the mortgagee reserves the property for himself.
The property of the spouses acquired during the marriage,subject to implementation in case of bankruptcy husband or wife. The financial manager evaluates such property (apartment, car), sells it, and the money returned to his second partner in the property is returned to the second spouse. If the property during the marriage is donated or inherited by one of the spouses, then it is not considered joint.
The property of the debtor is bankrupt. There are exceptions that cannot be picked up and implemented:
The settlement agreement - the most popular wayresolving a money dispute on favorable terms for the parties in bankruptcy cases of individuals. The parties to the process (debtor, lenders, authorized authority) have the right to sign the settlement agreement at any time. It is accepted on the following mandatory conditions:
The conclusion of a settlement agreement leads to the fact that:
The advantages of a settlement agreement for both the debtor and creditors are obvious. They are as follows:
If the terms of the settlement agreement are not fulfilled, then bankruptcy proceedings are resumed. A person is recognized insolvent and begin to sell property and other valuables.
The law on bankruptcy of individuals implies that the debtor must independently pay recognition of its insolvency. The cost of the procedure includes:
If a person does not have money to pay for bankruptcy, the process will be terminated.
The bankruptcy procedure of an individual is quite long. We list its main temporary stages:
The real term of a citizen’s bankruptcy in our country takes on average about nine months, provided that the court immediately decides on the sale of the property without a restructuring procedure.
There are the following main consequences of a bankruptcy of an individual:
In the process of recognition of financialInsolvency Nothing should be issued to the citizen of an unfair bankrupt. Hiding information about one’s own property, distorting information about rights and obligations, acquiring luxury goods immediately after a citizen is declared bankrupt are arguments for challenging the bankruptcy of an individual.
For deliberate bankruptcy, having itsthe purpose of failure to fulfill obligations, provides for the liability of an individual. Under criminal law, such a citizen faces up to six years in prison. According to the law on bankruptcy of individuals of the current edition, a person called bankrupt for five years after that has no right to issue loans without publicizing the fact of insolvency.
The bankruptcy procedure relieves from burdensome debts not only a bankrupt citizen, but also his future heirs, who will not have to accept an inheritance in the form of unpaid loans and borrowings.
The negative aspects of declaring oneself bankrupt are possible difficulties in further employment. Although in practice this is quite rare.
Comparing the pros and cons of bankruptcy individualsindividuals, it can be concluded that the procedure is the only legitimate way to put an end to all outstanding issues with creditors in order to start a new life unencumbered by financial problems. Use the procedure for the recognition of the insolvency of Russian citizens is, if:
Bankruptcy will help correct life inthe best side. Of course, there are consequences of the bankruptcy of an individual in the form of restriction of rights, for example, deprivation of the opportunity to engage in business.
