Let's talk in our article on bankruptcy. Until October 2015, only a legal entity could declare itself bankrupt. But after the new Federal Law was signed, it became possible for individuals. Talks about this have been going on for a long time. The question was how the mechanism of bankruptcy would be. Now the situation has cleared up, so you can thoroughly understand this issue.
Has the law on bankruptcy been adopted?
This law has been debated for the last ten years ... He caused a lot of controversy. The idea itself is very good. Such a law can help citizens who are in a difficult situation.
But the main serious argument of the opponents of the adoption of this law was that such a loyal attitude can lead to financial folleness of people and large losses of creditors. However, at the end of 2015, it was still adopted.
The main provisions laid down in the law on bankruptcy
To understand how to declare yourself bankrupt, you need to understand its main provisions.
So, the Federal Law gives the right to any citizen who has a debt of more than half a million rubles, in the absence of income for his liquidation, to apply to the court with a petition in order to recognize bankruptcy. As an alternative, it is possible to conclude debtor's peace agreements with creditors on debt restructuring.
This law extends not only to ordinary citizens, but also to individual entrepreneurs. I would like to note that an application for bankruptcy can be filed by the person himself or by a creditor. This is possible in the case when there is already a three-month delay in payments.
If you really think about how you can declare yourself bankrupt, you should first determine the place of filing the application. According to the law, the bankruptcy of ordinary citizens is considered by judicial bodies of general jurisdiction, provided that the citizen does not conduct business. If he is registered as an IP, then this is the case of the arbitration court.
Does the law provide for personal bankruptcy?
The law on bankruptcy of individuals (or rather, the draft law) was signed by the President of the Russian Federation. However, it will begin to operate in July 2016. It turns out that the law has not yet entered into force. Perhaps the lawmakers delayed its entry into force intentionally, in order to have a detailed understanding of the mechanism of its operation, and also debug the procedure itself in order to avoid further difficulties. The law has not yet entered into force, however, the Supreme Court of Russia has already proposed to immediately transfer such cases to arbitration courts, because they have extensive experience in this area. However, the difficulty lies in the fact that arbitration courts are not everywhere, but only in regional centers. And this is a violation of the principle of universal access to justice. Alternatively, you can try to hold meetings online.
Whether such changes will be made to the law is unknown, and so far, courts of general jurisdiction are in the process of considering cases of bankruptcy of individuals.
What is meant by the bankruptcy procedure?
To understand how to declare yourself a physical bankrupt, you need to understand the essence of the concept itself. So what is bankruptcy? This recognition by the creditors and state bodies of a citizen is insolvent with the simultaneous termination of his prosecution regarding the repayment of his debts after the implementation of the measures established by law for the maximum possible solution of problems.
How to declare yourself bankrupt?
Let's take a closer look at this. So, how to declare yourself bankrupt to an ordinary citizen? The initiator can be the debtor himself. That is, he must first write a declaration of bankruptcy, and then the procedure itself will begin. There is also the possibility of recognizing a person bankrupt even after his death. For this, either its heirs or creditors should apply to the court.
The law itself approved the procedure for action. How to declare yourself bankrupt? The procedure begins directly with the assessment of solvency. The court is obliged to determine whether the debtor has property that can be sold to pay off debts, or to receive income that can partly go toward repayment. At the same time, they take all necessary measures to ensure the safety of the property of a person with the appointment of an interim manager. In addition, all known creditors should be informed of the beginning of the bankruptcy procedure. For two months they can also make their claims against the debtor.
Recognition of a citizen bankrupt
We have examined with you, whereby the person's confession begins bankrupt. At the next stage, one of three possible solutions is taken: trades are organized, debts are restructured or a peace agreement is signed.
Let's talk about each of the three options.
An amicable agreement can only be concluded if the parties have managed to find a compromise. This is possible when the creditors agree to take part of the property for money, money (even if the money or property is much less than the debt).
Restructuring of debts can be done if a person has some income. The court makes a decision on the amount of the amount left for the citizen to reside, and the amount of monthly payments that are made to pay for the debts. But there are certain limitations. The repayment period of debts can not be more than three years.
In the event that a citizen has no income, and the world contract has not been concluded, an inventory of the debtor's property is drawn up as a temporary manager. It can be sold at auctions. The amount raised at the auction is divided between the creditors in a proportional ratio.
We want to note that the decision to declare bankrupt stops the process of charging fines, penalties and fines. A person will be bankrupt for the next five years, starting from the moment he was given a court decision.
Is it possible by law to declare a person bankrupt without his desire?
Arguing about how you can declare yourself bankrupt, you can not fail to pay attention to those cases when the debtor resists recognition of his insolvent.
How to be in such a situation? Above we have already mentioned that a creditor can also write an application for declaring a debtor bankrupt. He will file documents with the court. And the rest of the procedure will not be different.
How to declare yourself bankrupt IP?
What steps to take an ordinary citizen who became insolvent, we dismantled. And what should individual entrepreneurs do? How to declare yourself bankrupt if a person is registered as an entrepreneur? The order of the examination will be almost the same. It will be the same as for an individual. The only difference is that the arbitration court will conduct the case.
It will be important to find out how a person has accumulated debts. Was it because of an unsuccessful entrepreneurial activity? Or, perhaps, the reasons are completely different? For example, arrears could have arisen as a result of buying an expensive car at home for personal use. Then it is a matter of bankruptcy of an individual. And if a citizen took a loan for business development, then he is declared bankrupt as an entrepreneur. This is very important, because it will affect the choice of the body to which the case will be submitted for consideration. In general, do not confuse the concept of personal bankruptcy with the bankruptcy of an entrepreneur, because the reasons for its occurrence are different.
And can a citizen himself be declared bankrupt?
Is it really possible for a person to declare himself bankrupt and not appeal to judicial structures?
The answer is unequivocal: it can not! To recognize the fact of bankruptcy has the right only to the court when passing a certain procedure. The court acts as a guarantor of the observance of absolutely all rights of both parties, and also regulates the legality of the decision taken. In addition, he issues the very decision on bankruptcy, according to which there is a further resolution of financial problems. So without the judiciary can not do.
Instead of an afterword
Considering the above, it is possible to sum up and draw conclusions that the law on bankruptcy recognition can be a very important step that will help resolve financial disputes and will enable the debtor to break out of a difficult situation, albeit with some losses. Of course, the citizen will not be able to do without financial expenses, but there will be an opportunity to minimize them. The concept of the law is good, because it should help people to break the impasse and start all over again. After all, very often in such cases, problems accrue one after another like a snowball, and a person simply can not cope with it. And so there will be hope for the possibility of a positive resolution of the case. This will help not to panic and endure at a difficult time.