More recently, only legal entities could declare themselves bankrupt. Currently, individuals can apply this procedure, including individual entrepreneurs. After adoption of the rules on bankruptcy of individuals, the most pressing issues are how individuals become insolvent debtors and how not to lose their property.
Insolvent debtor
With the bankruptcy of legal entities, everything is relatively clear, because the legislation in this area has been in effect for a long time and a lot of practice has been developed. As for individuals, everything is much more complicated, because many citizens can not fully figure out how to apply innovations in their relationships and what it takes to become bankrupt. Many believe that in order not to pay for their obligations, it is enough to declare yourself an insolvent debtor. In fact, it is difficult to answer the question of how to become bankrupt and not pay a loan, because, having read the norms of the law, you can not only not understand the essence, but also get confused in the procedure itself. Currently, a large number of lawyers are beginning to practice the provision of services in this area. It’s just not clear whether they themselves understand this norm and how to apply it correctly, because the legislative act is still “crude”. Do not trust the first specialists in this field, because you can find yourself in an even more delicate situation.
Recognition of individuals as non-payers gained relevance when citizens, having collected a large number of loans, simply could not repay them. It was decided to resolve this issue, because lenders were not always loyal to their borrowers, who most often, due to life circumstances, could not pay debts. For some segments of the population, the amount of debts reaches millions, and during the crisis in the country it is quite difficult to repay even a small loan.
The main stages and procedure for declaring an individual bankrupt
Many people care about how to become bankrupt on loans and save their financial situation.
Just want to note that the application of this procedure is not an easy way to solve your financial problems. In many cases, it will take a lot of time and effort, and in some situations, money.
How do they go bankrupt? We list the main points:
1. A person may be recognized as insolvent payer only in court.
2. Both an individual and his creditor can declare themselves as such.
3. The application is submitted to the arbitration court.
4. Based on the submitted application, the court shall take an appropriate decision.
5. If the application is submitted by the creditor, then it is allowed to submit a joint application by several creditors.
6. An application may be submitted if the debt exceeds 50 thousand rubles.
7. A statement of debt repayment schedule may be attached to the application. In this case, the hearing of the case may be postponed, in connection with which the debt is restructured.
8. FL is declared bankrupt only when this fact of financial insolvency is fully proved.
9. After the FL is declared insolvent, its property is put up for auction.
Probably the best option would be the adoption by the legislator, along with the law, of a document called "How to become bankrupt: a guide for the debtor."
This would avoid many unnecessary questions and save citizens time.
What is debt restructuring
This concept means a review of the payment procedure and loan conditions. The bank conducts the procedure when the borrower cannot continue to pay debts to creditors.
Restructuring is based on the statement of the debtor, which indicates the reason for the impossibility of further repayment of the debt on old terms. Documents confirming the deterioration of financial standing are attached to the application. It is important to understand that the restructuring procedure is the right of the bank, and not its obligation. In this regard, before applying for a loan, it is better to find out if it is possible to change the terms of the contract in the future.
What can citizens expect from the norms of the new law
Do not despair and think that after going through the procedure in question, a person loses all his property and remains with nothing. By law, not all property can be sold on debt:
1. If a citizen has residential real estate, which acts as his only housing, then the bank will not be able to pick it up to pay off the debt.
2. Personal items, including awards and prizes, cannot be sold.
3. There are restrictions on the common property of spouses. If common property is being sold, then it is necessary to provide for the possibility of acquiring other smaller property for one of the spouses, whom the debt does not concern. For example, exchange an existing apartment for smaller housing.
It is interesting that when a natural person is declared bankrupt, all transactions made by him and his relatives over the past year are void. This is done to avoid possible fraud and fraud.
How not to lose all your property during the procedure
The question of how individuals become bankrupt contains a large number of nuances that very often are not taken into account by citizens. It is quite difficult to independently study a normative act and understand whether it is possible to apply its rules to your advantage. Citizens who decide to apply the considered procedure to themselves, first of all ask themselves the question of how to become bankrupt and not lose an apartment, and at the same time be freed from financial obligations to the bank. Many apply various schemes and frauds to preserve their property, and therefore, at the time of bankruptcy, a person does not have anything that could go into debt. For example, at the time of the conclusion of the loan agreement, the borrower may transfer his property to other persons. Such a step further creates serious problems for the lender. A lot of questions are caused by the sale of property in common ownership or if real estate is the only housing of the debtor or taken on a mortgage. It should be assumed that until a sufficient amount of practice has been developed on how individuals become bankrupt, there will be many controversial issues that require clarification and clarification. A certain number of citizens naively believe that by declaring themselves bankrupt, they will be able to forget about their debts and live in peace. In this case, no one takes into account the following points relating to how to become bankrupt in Russia:
1. For five years, a citizen will not be able to engage in entrepreneurial activity.
2. All available licenses will be revoked.
3. There will be no opportunity to get new loans.
If a citizen is ready to make such sacrifices, then there is a good chance that he can start a life without debt.
Bankruptcy as a measure of emergency
For many citizens, this procedure is an extreme measure to solve financial difficulties for creditors. The failure of citizens to pay their debts was the cause of the economic crisis. The topic of “how to become a physical bankrupt” is especially relevant for those who took a mortgage or a loan in foreign currency. Due to the growth of the dollar, it became impossible to repay the debt to the creditor. Citizens lose their jobs, their earnings are significantly reduced. What do they have to do? Just look for the answer to the question of how to become bankrupt for a bank.
The crisis caused insolvency not only among foreign currency borrowers, but also among ruble ones. Moreover, most debtors can not pay even the simplest loans that were issued for the purchase of consumer goods. Most citizens are indebted precisely for the small size of loans, and a smaller number of those whose debts are quite large. On the advice of most lawyers working in this field, do not rush to declare yourself an insolvent debtor. First, you should contact the bank in order to provide for the possibility of debt restructuring.
Opinion of banks about the new law
Many lending institutions have long been waiting for the adoption of this law, believing that it will help banks legally resolve the issue of overdue loans, because previously banks had no way to deal with their debtors. The adopted act gives freedom to credit institutions, which can sue the borrower in order to declare him insolvent payer. According to many banks, the majority of debtors will agree to restructuring. That is why, before going to court with a claim for recognition of debtor, it is better to start by going to the credit institution itself and find out what the lender can offer to resolve the problem and find out how to become bankrupt for the bank.
When contacting the bank, do not hide the actual situation of the borrower. For example, if a citizen has lost his job and, accordingly, is the only source of income, it is worthwhile to warn the bank immediately, without waiting until a large loan delay arises. On behalf of the person will only need to write a statement and attach a document confirming the fact of job loss. The bank will consider the application and decide whether an individual can become bankrupt or whether the best option is to offer the debtor a restructuring option. The position of banks once again emphasizes the fact that they are ready to cooperate with their debtors in terms of finding a way out of a difficult financial situation.
Can entrepreneurs declare themselves insolvent debtors?
If the question of how to become bankrupt to an individual is more or less clear, then how to apply the law to individual entrepreneurs? According to the rules, an individual entrepreneur is equal to an individual; accordingly, all the norms of the new law apply to him. What needs to be done in this case and how to become a bankrupt IP? Individual entrepreneurs can be recognized as defaulters for the following reasons:
1. If an individual entrepreneur cannot continue to fulfill obligations to creditors.
2. SP lost the ability to pay mandatory payments.
All creditors' claims on individual entrepreneurs should be of a monetary nature only. The court accepts the application for consideration if the individual entrepreneur has a three-month debt to the creditor and / or the amount of the debt exceeds the amount of 10,000 rubles. Initially, before the adoption of the law, it was decided that different courts would consider the bankruptcy procedure of individual entrepreneurs and the issues of how to become bankrupt to an individual. Currently, individuals and individuals are declared bankrupt through an arbitration court. Perhaps it is also necessary for an individual entrepreneur to develop a document entitled “How to Become Bankrupt: A Guide for a Debtor”
What law should be based on?
The main document that is worth exploring is the Federal Law “On Insolvency (Bankruptcy)”. The normative act has repeatedly undergone changes and amendments, the adoption of which has been postponed more than once. This is due to the fact that the arbitration courts were not ready to accept the flow of applications. Perhaps they themselves did not know the answer to the question of how to become a bankrupt physical. face. Fortunately, the law was finalized, and in October of this year it entered into force. To date, statistics on citizens' debts to banks are disappointing: every second Russian has debts to credit institutions in excess of 70 thousand rubles. If you calculate how much the total amount of the debt will be, then you can understand that the smallest percentage of citizens can do without loans. I would like to believe that the new law will facilitate the life of not only citizens, but also the work of credit institutions.
Bank - Bankrupt
An interesting question is how to become bankrupt to the bank itself. The answer to this question is quite simple: a license is revoked from a bank in connection with its financial illiquidity. Accordingly, if a license is revoked from a bank, it can no longer engage in banking activities, which leads to its liquidation. The most common reasons for revoking a license are:
1. The laws governing banking activities are not complied with.
2. Banks submit false reporting data.
3. Mandatory payments, etc. are not made.
Recently, control over the work of banks has been tightened significantly, which has led to the revocation of licenses from many banks, including quite large ones, which have been operating in the financial market for a long time. We can say that the CBR does not spare anyone. To a greater extent, ordinary citizens who turned out, for example, depositors of banks deprived of a license, suffer more from the new Central Bank policy. Many still cannot return their money, because the bank bankruptcy procedure is rather complicated and lengthy.
Who benefits from this law
It should be understood that the procedure in question does not mean that the creditor will forgive the debt and forget about it. On the contrary, the debt will be closed at the expense of the property of the debtor. What does it give? First of all, the opportunity to start a new life, that is, without loans, interest, delays. The main thing is that you no longer have to endure calls from collectors and bank employees with threats. That is how banks acted on their debtors before the adoption of the law. The most legal way to return your money was to file a lawsuit against the debtor by the bank. Today, the law allows you not to wait for the moment when the creditor begins the procedure himself. You can go and declare yourself as an insolvent person by proving your financial insolvency.
Not all banks evaluate the new law on the positive side. Especially new rules are disadvantageous to banks that issued funds under a mortgage. According to the law, if the debtor has the only place to live, then you cannot take it as a repayment of the obligation to the bank. Previously, creditors could count on deduction of the debtor's wages or his pension. Now everything is decided only through the procedure for selling the property of the debtor.
Undoubtedly, banks will not want to stay away and look at how their money goes to no one knows where and no one is going to return it. Therefore, we should expect banks to increase lending rates, tighten requirements for borrowers, and it is possible that new loopholes will be invented to add various premiums to the main debt as additional banking services. Thus, obtaining a simple loan will not only be difficult, but unprofitable.
Thus, the adopted law is more beneficial to citizens. According to many experts, the adopted law was a hasty measure, since Russia is not yet ready for such a radical solution to the problem with debtors, many citizens have formed a wrong attitude to their debt obligations. In addition, the law significantly affects the interests of creditors. It is not worth denying that for many, the new law will be like a “breath of air”, allowing one to break out of the web of debts and begin life without aggravating thoughts.
The consequences of bankruptcy
Bankruptcy proceedings have certain negative consequences. But for those who have large debts to creditors, these consequences may seem like a simple trifle and the question "how do they go bankrupt?" is pretty relevant.
What is included in the list of consequences:
1. The impossibility of declaring bankrupt in the next 5 years.
2. For three years you cannot work in a managerial position.
3. Problems with obtaining new loans.
If you look at the situation from the other side, then there is nothing wrong with these consequences. Especially for those who have debts in excess of 500 thousand rubles. Regarding the last point, it is worth emphasizing that no one forbids taking a loan. It’s just that when you draw it up, you should warn the bank that the borrower has passed the procedure in question. It is necessary to indicate this fact within 5 years.
It should be assumed that even if the borrower does not indicate this fact, the banks will in any case be equipped with a database of persons who have undergone bankruptcy proceedings. Do not be scared and think that bankruptcy will ruin your credit history. , . . . , . . , , , . , , , , . . , , , , , . , , , .