Loan liabilities may become overwhelming at some point. As a result, a citizen cannot fulfill all the requirements of the banks that issued him loans. This leads to the fact that debt begins to grow. If you do not pay loans for 3-4 months, then the amount of installment debt can increase several times. It will be problematic to get out of such a credit hole on your own. That is why, not so long ago, at the federal level, it was decided to introduce a law that regulates the debt of a citizen, and also allows it to be declared bankrupt through an arbitration court.
Bankruptcy of individuals in Voronezh has been available for 3 years. Thanks to the emerging legal norm, citizens with large debts can improve their financial situation through the courts and gradually repay all loans without the risk of creating even more debts. In addition, previously the norm only applied to legal entities. Today, however, federal bankruptcy laws have extended to ordinary citizens.
Bankruptcy
Bankruptcy of individuals in Voronezh provides an opportunity for people with large debts to solve their problems. The very definition of this material condition appeared long ago, but it was valid only for legal entities. Ordinary citizens could not declare bankruptcy in court in order to settle their financial situation and responsibility to creditors.
These problems arose in various categories of people. Many fell into a hopeless situation from the exorbitant amount of monthly loan payments. Especially often people who have received large loans from 500 thousand and above began to declare themselves bankrupt. The judicial decision of the issue allows people to at least slightly improve their financial situation.
To do this, they are assigned a manager appointed in the arbitration court, who, on the basis of overdue debts and tangible assets of the person, tries to resolve issues with creditors by selling part of the possible property, as well as scheduling payments. In addition, on the basis of the law, it becomes possible to completely eliminate the return of debts.
Legislative regulation
Bankruptcy of individuals in Voronezh began to operate in mid-October 2015. It was during this period that the State Duma approved and entered into force a bill on bankruptcy of citizens. The number of legislative act dated 06.29.2015-№ 154-. It was in it that all the necessary definitions and provisions were disclosed that make it possible to pay off overdue payments to debtors.
The law also establishes the procedure for changing the status of a person and further actions to solve the resulting financial problem. Most of the norms in the legal act were transferred from the previously adopted law on bankruptcy of legal entities. However, for ordinary citizens, the procedure for reviewing and collecting documents is greatly simplified.
The basis for filing an application with the court
Bankruptcy of individuals in Voronezh is carried out only on the grounds prescribed by law. A citizen cannot, simply having debt, apply to the court so that the latter declares him insolvent to pay the bills.
A legal act establishes the following conditions for this:
- The presence of total debt in the amount of at least 500 thousand rubles.
- Debt is not paid for more than three months.
- The amount of monthly deductions to creditors is higher than the salary of a citizen.
- For health reasons, a citizen is recognized as partially or completely disabled.
Without these conditions, it is possible to draw up and send a petition to the court for consideration, but it will be rejected, since there will be no grounds for initiating a process to declare a citizen insolvent. The Arbitration Court of Voronezh, where applications for these reasons should be filed, is located at 77 Sredne-Moskovskaya St.
You can send papers either on your own at a visit to the court, or through the post office. It should be noted that the creditor himself can also file for bankruptcy of a person if the amount of debt owed to him is more than 500 thousand rubles and there is a long term for non-payment of interest for using a loan.
The essence of bankruptcy
The bankruptcy procedure of individuals in Voronezh is considered in the arbitration court. After receipt of the application and documents confirming this basis, all information and examination of the granted loan agreements is checked. Only after this, the first trial is initiated, where the applicant and the representative from the creditors side participate, if necessary.
The essence of the process is to establish all the grounds for bankruptcy proceedings, as well as to find common agreements with creditors to resolve the financial issue. Next, an arbitration manager is appointed to conduct the business of the debtor in order to optimize its debt and draw up a payment schedule for each of the banks and other financial institutions that provided the loan.
Procedure
When answering the question of how to file for bankruptcy, it is worth emphasizing right away that the plaintiff in the person of a citizen who has expressed a desire to become bankrupt must prepare a package of documents and also draw up an application in the established form. Without these papers and information, the application will not be accepted, or upon consideration it will be rejected by the competent authority.
The Voronezh Arbitration Court on its official website provides detailed information for individuals who file for bankruptcy. In addition, from the portal you can download the electronic application forms necessary for submission, as well as samples of their completion. If necessary, a citizen can always go to the reception of the court or call the numbers provided for consultation.
What documents are needed
In case of bankruptcy of individuals in Voronezh, the package of documents will consist of the following papers:
- A statement compiled on the model to initiate the stage of the process of declaring a person insolvent.
- Certificate from the employer in the form of 2-personal income tax or a certified copy of the work book with notes on dismissal.
- Copies of loan agreements for which a person has debts.
- A check on the payment of the state fee for submitting an application.
Next, the court considers the documents and sets a hearing. In the course of the proceedings, other documents may also be required for examination. Basically, these are certificates of rights to movable and immovable property, which are owned by the debtor.
Process stages
How much does bankruptcy of individuals cost in Voronezh - a question that you can often hear. It should be noted that the process itself is not paid. Only the state fee is paid once when applying in court. Further, when considering the case, the plaintiff does not pay money. The state duty itself is 6 thousand rubles. However, if the applicant decided to use the services of a lawyer, then this amount may be several times higher.
In total there will be 4–5 stages of the consideration of the case. The first is the adoption of a statement. The second stage refers to the consideration of the case without the applicant and the representative of the creditor. Next, a hearing is scheduled, and a representative from each side should appear at the appointed time. After that, the court investigates all the circumstances and makes a decision on declaring the person insolvent or rejecting this requirement.
When they can refuse
How to file bankruptcy of individuals in Voronezh on their own, we have already considered. Now let's talk about when they can refuse. If the applicant decided to completely conduct the case without the help of a qualified specialist, then it is necessary to familiarize yourself with the information presented on the website of the arbitration court. It is there that there is a detailed description of each action and requirements for plaintiffs and defendants.
Refusals to consider cases may be due to a lack of necessary documents. In addition, the court may reject the request for bankruptcy of an individual on the basis of the fact that during the audit it was found out: previously this citizen already had insolvent status. Re-filing a lawsuit is allowed only 5 years after a previous decision in its favor.
Pros and Cons of Bankruptcy
Bankruptcy of individuals in Voronezh has mostly positive reviews. After the adoption of such a law, citizens say that they were able to improve their financial situation through the courts and get rid of the financial burden of creditors, which was growing every year. In addition, bankruptcy allows you to protect part of the property that is owned.
The disadvantages of bankruptcy are that a person recognized in court as such cannot engage in certain activities. Additional measures are taken in relation to his profitable actions. For this, the appointed arbitration manager will coordinate the income for the period specified in the resolution and direct part of them to pay off debts. Property can also be sold if it does not contradict the provisions prescribed by law.