In the last 15-20 years the bankruptcy law was repeatedly raised, discussed and again postponed indefinitely. But two years ago he was signed. Of course, the new law will allow many people pulling huge financial burden to reset it and the counter-argument can be a financial neobyazatelno of the debtor and the creditor incurring huge losses.
Signed in December 2014 and launched in early October 2015, the law on bankruptcy of individuals allows each defaulter with debts of more than half a million rubles, to provide a Declaration of bankruptcy of natural persons in court. In an alternative solution the law provides for the signing of the settlement agreement by the creditor and the debtor, as well as the procedure of debt restructuring.
Also, this law can apply to citizens registered as individual entrepreneurs. To submit an application on bankruptcy of physical person (a sample is on the stand in court) and the debtor and the creditor. The main condition that must be met, − existence of overdue debt for three months.
After a citizen made the decision to become bankrupt, you must choose the place where he should go. The law provides that the procedure for the treatment of individuals made bankrupt in the courts of General jurisdiction. In this case, if a citizen has not conducted business activities. Conversely, if a person has registered themselves as entrepreneurs, then a sample of the application for recognition of an individual bankrupt Will be considered in the Arbitration court.
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The First thing you need to do to start the procedure of bankruptcy, – is to apply to the court. A borrower can apply to a specialized law firm, which will prepare him for the documents to the court and will represent their interests. You can own to find the application on bankruptcy of physical persons (pattern present on various resources). In the event of death of the debtor can be declared bankrupt. The application may be submitted by the creditor Bank, the heirs or the competent authority. In 2015, the debtor has the duty to independently send to the court sample Declaration of recognition of an individual bankrupt, when he crosses the threshold of the debt of 500 thousand rubles.
Second, the court must be proven that the debtor is genuinely unable to meet all its financial obligations. It needs to be a good borrower, who suddenly found themselves in a difficult situation.
During the proceedings there is no absolute guarantee that the citizen will be declared bankrupt. If the creditor will not speak of the objections, it may be concluded settlement agreement. Will be required to approve a plan to restructure the debt, which will indicate:
Third, if within three years, and such period allocated to debt restructuring, creditor the debt is not repaid, the citizen is declared bankrupt. The same thing will happen if made in the court settlement plan for debt restructuring will not be granted in a specified period. If debt restructuring is impossible, the recovery of arrears may be levied on the debtor's property.
This post only applies when the court considered cases about bankruptcy of physical persons. the Sample application in the court – that's half the battle. Finupravleniya must be present during its consideration.
To the financial Manager must meet certain requirements:
When you assign a citizen to the position of financial Manager to him may be made additional requirements:
One of the most important requirements applicable to the specialist, − it's his independence from both parties: the creditor and the debtor. Financial Manager will be appointed by the court after it is submitted to the court a sample application for individual bankruptcy.
Treasurer of the debtor has the right to dispose of all property belonging to the bankrupt. Transactions that have been committed without the involvement of a specialist shall be invalid. Services Manager $ 10 000, and then after full satisfaction of creditor's claims against the debtor he shall be paid 2% of the amount of claims. Payment finupravleniya remuneration rests with the bankrupt.
After the court is presented Sample statement of claim about bankruptcy of physical persons, and the verdict for the recovery of property in favor of the lender starts the operation for its implementation.
As of the property suitable for sale, acts as movable and immovable property, luxury goods that should be sold at public auction.
Do Not have the right to subject the implementation of household items, personal clothing and shoes of the debtor and members of his family, as well as edibles. If the debtor had the cash, you need to leave him the amount of subsistence, but if he has dependents to calculate them, too. You can't sell Pets and cattle, and outbuildings, where they are. It is unacceptable to withdraw for the implementation of winnings and prizes, awards, plaques, medals. Housing, if it is one of the bankrupt, and the land on which it is located are not selling.
The Law provides for a procedure for challenging transactions of the debtor. So all his trades by transferring its assets to third parties may be invalidated.
In order to make the document correctly, you need to learn his pattern. A Declaration of bankruptcy of physical persons be not so difficult. Importantly, it was considered in favor of the pitcher. If a citizen is declared bankrupt, abolish Commission payments, penalties, interest, fines and other financial penalties.
In Its decision, the court sends all relevant creditors within the specified period needs to Express their demands. This period should not exceed two months. A natural person will live with the status of a bankrupt within 5 years.
If the debtor decided to cheat and make the procedure of fictitious bankruptcy, the Russian law may punish him with imprisonment up to 6 years. The same punishment will apply to bankruptcies that are filed in court sample Declaration of bankruptcy of physical persons was declared bankrupt, but tried to hide their assets.
Goes bankrupt only upon the occurrence of emergency situations, when for a small time interval it is impossible to fix it: completely or partially missing regular income, and expenses, by contrast, was increased. A Declaration of bankruptcy of a natural person, a sample of which is presented in our article, can to sue every 5 years.
After the official recognition of a citizen bankrupt he has no right to issue the loans without necessarily alerting the credit institutions about their status. After pass the allotted 5 years, guarantee on receiving any loan is reduced to almost zero.
When a specimen of the application on bankruptcy of the debtor (an individual Person) filed in the court, and the citizen has become bankrupt, he is deprived of the right within three years to occupy the management positions. While under bankruptcy, an individual has no right to leave limits of the Russian Federation. If the debtor managed to get a new debt after he was recognized as a bankrupt, he will have to live with them....
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