Bankruptcy of an individual: how to apply correctly? How to apply bankruptcy nat. person for the bank, if there is no property?
According to the statistics of the Unitedcredit bureau, the total debt of Russians to commercial organizations is more than 700 billion rubles. Moreover, this figure is growing year by year. This phenomenon has many causes, but the main one is the financial and economic crisis, which deprived many of our compatriots of sources of income. If the obligations on loans already significantly exceed the amount of income and pay debts are not possible, a citizen can declare himself bankrupt. How to file bankruptcy of an individual, what is the essence of this procedure?
The whole essence and features of the bankruptcy procedureof citizens are reflected in the Federal Law No. 476 "On Insolvency", which was adopted as early as the end of January 2014, and entered into force only in 2015. How to formalize the procedure for the bankruptcy of an individual? This question worries many Russians.
According to this legislative act, not allindividuals can become applicants for debt cancellation. How to apply for bankruptcy of an individual on loans? For this, several conditions must be met:
- The total debt, together with the accrued fines, has already exceeded the threshold of 500,000 rubles.
- The citizen did not pay back the debt for more than 3 months.
- The amount of monthly payments on loans exceeds the amount of income.
- The value of the debtor's property objects will not be able to cover the existing debt obligations.
So, a bankrupt is a citizen whothere is not enough money and property that he could sell in order to pay off all debts. If all of the above conditions are met, the bankruptcy procedure can be started.
This Law has been amended, thereforenow borrowers can independently file bankruptcy petitions without any active actions of credit institutions. How to apply for this status?
When the total debt has not yet reachedcritical value, the borrower can negotiate with the creditors for its restructuring. But, if negotiations were not effective, and the amount of debt is constantly growing, it is necessary to apply to the court. Individuals can declare their financial insolvency in the 30-day period after the moment when they realized that they are not able to make payments on the accounts. This time is given for finding a financial manager and filing a statement of claim.
Before filing for bankruptcy, it is necessaryalso get acquainted 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 rather serious consequences.
During the bankruptcy procedure, the debtor loses hisproperty. All property objects of sufficient value can be sold, and money from their sale will go to pay debts. After the procedure, the bankrupt will have a bad credit history. And in the future the citizen is deprived of the opportunity to take out loans and loans. For all operations for the acquisition of property or securities, as well as major transactions in the 3-year period after the recognition of insolvency, it will be necessary to obtain the permission of the financial manager. A citizen-bankrupt for three years has no right to occupy managerial positions and even more to open his business.
The duration of the process takes, as a rule,half a year, at this time the debtor is deprived of the opportunity to travel abroad (sometimes even beyond the city limits), as well as the right to manage his property. All current transactions and transactions are frozen, and those that occurred shortly before filing an application to the court are subject to thorough verification. They are forcibly terminated if experts doubt their legal purity.
What needs to be done before filing a statement of claim?
So, if you decided to formalize the bankruptcy of an individual, how to issue and what documents to file for filing an application with a court?
For the application it is necessary:
Also, before submitting an application, you must:
- Choose a self-regulatory organization and financial manager.
- Conduct an evaluation of property objects.
- Pay the state fee and transfer funds to the court deposit for the work of the financial manager.
- Send notification of the launch of the bankruptcy procedure to creditors with the attachment of all copies of the above documents.
Cost of the procedure
In the question of how to properly designbankruptcy of an individual, it is important to touch on the material side. The procedure, in its essence, involves a large number of costs. Borrowers who have expressed a desire to declare their insolvency, spend on average about 40,000 rubles even before the case is examined in court. For what it is necessary to pay?
- The services of the evaluation bureau (their price is determined by the amount of the basic tariff and 1% of the value of the valued property objects).
- Notarization of copies (they are necessary both for filing to the court and for sending notices to creditors).
- The state fee is 6000 rubles.
- Services of the financial manager (10,000 rubles + 1% of the money received from the sale of the bankrupt estate).
- Services of a qualified lawyer (drafting a statement of claim, representation in court of the interests of a bankrupt citizen).
- Other transport and postal expenses.
How to apply for bankruptcy? What is the sequence of actions of the debtor? To begin with, you should consult a qualified lawyer in this process. Since the law was issued recently, there are a lot of unclear moments in it. Usually the first consultation is free of charge.
If you weighed all the pros and cons and decidedto become bankrupt, it is necessary to write an appropriate application. You can do this either independently or through a lender. Next, it is necessary to prepare a package of the above documents, attach them to the application and file with the court. Insolvency is recognized only in court.
The application must contain the nameself-regulatory organization, which will appoint a financial or arbitration manager. You can also specify a specific candidate who will act as a manager. Before the application is submitted, it is necessary to notify each creditor by mail. After that, it is necessary to pay the state fee. Requisites for its payment you will find on the website of the court. Then you can send the documents to the judicial office (necessarily the personal presence of the applicant or proxy).
Filing of a statement of claim
We examined the sequence of actions that involve the bankruptcy of the individual. How to apply to the court to recognize the insolvency?
A citizen has the right to apply as inprinted, and in a handwritten version. The printed version is more preferable. As a trustee who can file an application with a court, a lawyer, a financial manager, can act. Also the document can be sent by registered mail by mail. The first court session is appointed, as a rule, one month after the submission of the application. This period is necessary for the creditors to agree their claims.
The statement of claim must be formalized according to the established pattern. It should contain three parts:
- Document header (name of the court and its coordinates, full name of the debtor, lawyer, financial manager and the name of the credit organizations with addresses).
- The main (information about the loans taken,names of banks and credit organizations, documents on the basis of which they were drawn up, the period for the emergence of debt and its causes, the size, the justification for the impossibility of restructuring, whether attempts were made to pre-court settlement of the issue).
- Resolute (list of documents attached to the application, request for recognition of the insolvency of the debtor's citizen, filing date, signature).
Is there an alternative?
Before filing for bankruptcy, it is necessaryseveral times to think about the advisability of such a serious step. This procedure has an alternative option - preliminary negotiations with credit organizations and debt restructuring.
The situation with citizens who areowe one bank. In this case, it will be easy to agree. To do this, you need to 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 liquidation of the organization and asked to freeze the accrual of interest on the loan. The bank can go to a meeting and offer:
- full deferment of loan payment;
- deferred payment of interest;
- extension of the loan period;
- change of payment date;
- transition to another interest rate, currency, type of payment.
In situations where the amount of debt is constantlygrows and has already become quite significant, the borrower is best to try to get in touch with the bank and request a restructuring. If the borrower does not get in touch, the creditors have the right to launch enforcement proceedings and bankruptcy proceedings against the debtor, as a result of which the subject of the pledge will be withdrawn.
Much more difficult is the situation for those who oweseveral banks. However, there are special programs for on-lending, for which you can sum up the entire amount of debt, that is, you can combine several debts into one large. It is important that the bank is convinced that the borrower's financial difficulties are temporary and caused by reasons beyond his control.
Debt restructuring is more profitableposition for creditors, rather than the bankruptcy of an individual. How to issue an application for restructuring the debt in the bank, its employees will prompt. If it comes to litigation, the court can recognize the citizen as bankrupt or change the terms of the loan agreement.
How to apply for bankruptcy of an individual before a bank?
It's no secret that many debtors take loans inbanks. How to apply for bankruptcy of an individual for a bank? This procedure is no different from the standard, which is described above: you need to collect a package of documents and file a statement of claim with the arbitration court. However, it is impossible to declare its insolvency exclusively to the bank, because this procedure is applied simultaneously to all creditors.
If there is no property
How to file a bankruptcy of an individual, ifno property? For this, it is also necessary to apply to the arbitration court. The debtor must prove that he does not possess any property objects. In this case, the court writes off the entire amount of debt from an insolvent citizen. Moreover, all major transactions with property 3 years before the start of the bankruptcy procedure will be checked for legitimacy and legal purity.
What can not be withdrawn?
Not all property objects can be withdrawn and sold during the bankruptcy procedure. To such objects carry:
- Real estate, when it is the only place for the residence of the debtor citizen and his relatives;
- Clothing, footwear, household appliances, items that are used in everyday life;
- things and property that are necessary for the implementation of professional activities or used as a means of generating income when their price is less than 100 minimum wages;
- devices and vehicles necessary for the movement of people with disabilities;
- constructions of economic purpose;
- animals, birds, bees, livestock;
- fuel, if it is used for cooking or for heating the living space.
Speaking about the bankruptcy of an individual, howto issue the necessary documentation for filing an application with the court, it is important to remember that disputes can arise during the proceedings. For example, creditors may think that the amount of debt that can be claimed from an insolvent citizen is insufficient. Such disputable situations can serve as a reason for carrying out a wide variety of frauds. Therefore, it is best to use the help of a qualified lawyer.
If the amount owed to creditorshas exceeded half a million rubles, a citizen can file an application with the court to recognize the bankruptcy of an individual. How to formalize this procedure, its features and consequences, each debtor should know. The insolvency law came into force not so long ago, therefore, before filing a claim it makes sense to apply for qualified legal assistance.