Let's discuss in our article on bankruptcy. Until October 2015, the bankrupt could claim to be only a legal entity. But after he signed a new Federal law, it became possible for individuals. Talking about this were long overdue. The question was, what will be the mechanism of bankruptcy. Now the situation is cleared up, so you can understand in detail this issue.
Has the law on bankruptcy been adopted?
This law was discussed in the last ten years... It caused a lot of debate. The idea itself is very good. Such a law can help citizens who have fallen on hard times.
But major serious argument of the opponents of the adoption of this law was that such loyalty can lead to financial unreliability of people and huge losses of creditors. However, at the end of 2015, he was still accepted.
The main provisions laid down in the law on bankruptcy
To understand how to declare bankruptcy, you need to understand its basic provisions.
So, Federal law gives the right to any citizen that has a debt of over half a million rubles, while the lack of income to eliminate it to go to court with the statement for bankruptcy. In an alternative variant provides for the possibility to conclude settlement agreements of debtors with creditors on debt restructuring.
This law applies not only to ordinary citizens, but also on individual entrepreneurs. I would like to note that the statement for bankruptcy may be filed by the person himself or a creditor. It is possible, when you already have three months of late payments.
If we think about how to declare bankruptcy, the first step is to determine the place of application. According to the law, the bankruptcy of ordinary citizens is heard by the judicial bodies of General jurisdiction, provided that the citizen does not conduct business activities. If he registered as an individual entrepreneur, then it is a matter of the court of arbitration.
Does the law provide for personal bankruptcy?
The law on bankruptcy of individuals (or rather, the draft law) signed by the President. However, he begins to act from July 2016. It turns out that the law currently has not yet entered into effect. Perhaps lawmakers defer its entry into force, on purpose, in order to be able to thoroughly understand the mechanism of its action, and also debug the procedure itself, to avoid problems in the future. The law is still in effect is not entered, however, the Supreme court of Russia has offered to immediately transfer such cases for consideration in the arbitration courts, because they have a lot of experience in this field. However, the difficulty is that the arbitration courts is not everywhere, but only in regional centers. And this is a violation of the principle of universal access to justice. As an option, you can try to hold meetings in online mode.
Will make any such changes in the law is unknown, and therefore is to consider the case on bankruptcy of physical persons preparing the courts of General jurisdiction.
What is meant by bankruptcy?
To understand how to declare a physical bankrupt, it is necessary to understand the essence of the concept. So what is bankruptcy? This recognition on the part of creditors and state bodies of the insolvent citizen with a simultaneous termination of prosecution regarding the repayment of their debts after the implementation of statutory measures for the fullest possible solution of the problems.
How to declare yourself bankrupt?
Let's detail this a look. So, how to declare yourself bankrupt an ordinary citizen? The initiator may be the debtor himself. I mean, first he needs to write a statement about the bankruptcy, and then start the procedure. It also provides for the possibility to declare a person bankrupt even after his death. For this purpose, the court should contact either his heirs or creditors.
The law was approved, and the course of action. How to declare bankruptcy? The procedure starts with an assessment of solvency. The court must determine whether the debtor's property which can be sold to pay debts, or income, some of which can go to repay. At the same time take all necessary measures to ensure the safety of the property of the person with the appointment of a temporary Manager. In addition, all known creditors must be informed about the beginning of procedure of bankruptcy. For two months, they can also present their claims against the debtor.
The recognition of a citizen bankrupt
We reviewed with you, which begins with the recognition of the person bankrupt. The second phase involves one of three possible decisions: organized trades, restructure the debt or signed a peace agreement.
Let's talk about each of the three options.
The settlement agreement may be concluded only if the parties failed to find a compromise. This is possible when lenders agree to take to repay part of the property, money (even if the amount of money or property much less debt).
To restructure the debts it is possible, if a person has some income. By the court decision about the size of the amount, subject to citizen to stay, and the amount of monthly payments that are made in payment of debts. But there are certain limitations. The period of debt repayment cannot be more than three years.
In case if a citizen has no income, and the global Treaty was not concluded, temporary administrator prepared an inventory of the property of the debtor. It can be sold at auction. Proceeds from the auction amount is divided among the creditors Pro rata.
I note that the decision of the bankruptcy stops the accrual of fines, penalties and interest. People will be bankrupt for the next five years, starting from the moment he issued the 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 this situation? We have already mentioned that the lender can also write a statement to declare the debtor bankrupt. He will submit the documents to the court. And the rest of the procedure will be no different.
How to declare yourself bankrupt IP?
What are the steps to take for an ordinary citizen, who became insolvent, we understand. What can we do to individual businesses? How to declare bankruptcy, if a person is registered as an entrepreneur? The order of consideration almost nothing will be different. It will be the same as for individuals. The only difference will be that the lead case will be the court of arbitration.
It will be important to figure out how the person has saved up debts. It happened because of a failed business? Or perhaps the reasons are quite different? For example, the debt could be formed due to the purchase for personal use of the expensive car, house. Then the case of bankruptcy of physical persons. And if the citizen took the credit for business development, then bankrupt it is recognized as an entrepreneur. This is very important because it affects the choice of the body, which will be a matter for consideration. In General, we should not confuse personal bankruptcy with the bankruptcy of the entrepreneur, because its causes 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 simple: I can't! To recognize the fact of bankruptcy is only entitled to a court when passing a certain procedure. The court as if is the custodian of all brand rights of the two parties, and controls the legality of the decision. In addition, it issues the decision on bankruptcy according to which there is a further solution to financial problems. So without the judiciary can not do.
Instead of an epilogue
Given the above, we can summarize and draw conclusions about what the law on the recognition of bankruptcy can be a very important step in helping to resolve financial disputes and will allow the debtor to escape from a difficult situation, albeit with some losses. Of course, to do entirely without financial cost to the citizen will fail but will be able to minimize them. The intent of the law is good because it should help people to break the deadlock and start again. Very often in such cases, the problems are growing, one after another, like a snowball, and people simply not able to 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 to survive in this difficult time.