Features of bankruptcy of individuals
Initially, the law was supposed to enter into force on January 1, 2016, but the deputies decided to begin regulating the personal bankruptcy procedure on July 1, 2015. However, many experts believe that even this date is not relevant. So, financial ombudsman Pavel Medvedev, in an interview with Rossiyskaya Gazeta, said that the law should be introduced in February.
According to experts, a decrease in real salaries of citizens, a currency mortgage will lead to the fact that already in the first quarter of 2015, massive defaults by citizens of their debt obligations are possible. As of September 1, 2014, banks in the Tomsk Region issued loans to the population in the amount of 42.7 billion rubles, of which mortgage loans – 9 billion. The total debt of individuals on loans amounted to 90 billion rubles, 32 billion rubles accounted for the mortgage.
Compared to the beginning of this year, the delay in loans to individuals increased by 41%. If we divide the total amount of loans of the population to all residents of the Tomsk region, including infants and elderly people, it turns out that the debt on loans of each of them will be about 85 thousand rubles. This suggests that today, unfortunately, Tomsk citizens, like most Russians, do not compare their desires and financial capabilities.
numbering-mal.pngHow will the law help citizens and will it help at all?
To answer this question, we consider the main provisions of the law. According to him, the right to appeal to a court with a petition for declaring a citizen bankrupt is vested in a citizen, a bankruptcy creditor, an authorized body (currently it means the Federal Tax Service).
The court, in turn, will accept a petition for declaring a citizen bankrupt, provided that the requirements for it are at least 500,000 rubles and that these requirements have not been fulfilled by him within three months from the date on which they are to be executed.
The Law also establishes cases when a citizen has the right to go to court, and when he is obliged. A citizen has the right to file a lawsuit in the court declaring himself bankrupt in case of anticipation of bankruptcy, that is, the presence of circumstances that clearly indicate that he will not be able to fulfill monetary obligations and (or) the obligation to pay mandatory payments on time. Moreover, he has signs of insolvency and (or) insufficiency of property.
The obligation to apply to the court to declare bankruptcy for a citizen is the case when the satisfaction of the requirements of one or more of his creditors leads to the impossibility of fulfilling his financial obligations and (or) the obligation to pay mandatory payments in full. The amount of such obligations and obligations in aggregate should be at least 500,000 rubles.
The case is not limited to one application for declaring a citizen bankrupt. It is also necessary to attach a number of documents: a list of all available creditors and debtors, an inventory of property, statements of income and taxes paid over the past three years, as well as certificates of transactions with real estate and other property in the amount of 300 thousand rubles and other documents. The statement also indicates information about the financial manager.
But not only the citizen himself has the right to appeal to the court, equally with it the competitive creditors and the authorized body also have the same right. An application for declaring a citizen bankrupt may be submitted by them if there is a court decision that has entered into legal force and confirms creditors’ claims for monetary obligations.
A court decision that has entered into force is not necessary for:
requirements for the payment of mandatory payments;
claims based on documents submitted by the creditor and establishing monetary obligations that are recognized by the citizen but not fulfilled;
claims based on notarized transactions;
claims based on credit agreements with credit organizations;
claims for the collection of alimony for minor children not related to establishing paternity, contesting paternity (maternity) or the need to attract other interested parties.
numbering-mal.pngParticipation of a financial manager in a citizen bankruptcy case
First of all: it is a must. With the consent of a citizen or another applicant, the financial manager may involve other persons ensuring the fulfillment of the duties assigned to him (lawyer, assistant to the arbitration manager, etc.).
He also has the right to remuneration in a bankruptcy case, which consists of a fixed amount and the amount of interest. The amount of a fixed amount for a financial manager in accordance with the law is 10,000 rubles at a time for carrying out the procedure used in the bankruptcy case.
The amount of interest is 2% of the amount of satisfied claims of creditors or 2% of the proceeds from the sale of property of a citizen and cash received as a result of collection of receivables, as well as as a result of the application of the consequences of invalidity of transactions.