Bankruptcy of an individual: how to register correctly? How to apply bankruptcy nat. Person for the bank, if there is no property?

According to the statistics of the United Credit Bureau, the total debt of Russians to commercial organizations is more than 700 billion rubles. Moreover, this figure is growing year by year. This phenomenon has many causes, but the main one is the financial and economic crisis, which deprived many of our compatriots of sources of income. If the obligations on loans already significantly exceed the amount of income and pay off debts is not possible, a citizen can declare himself bankrupt. How to file bankruptcy of an individual, what is the essence of this procedure?

Grounds

The whole essence and features of the bankruptcy procedure of citizens are reflected in the Federal Law No. 476 "On Insolvency", which was adopted as early as in late January 2014, and entered into force only in 2015. How to formalize the procedure for the bankruptcy of an individual? This question worries many Russians.

According to this legislative act, not all individuals can become applicants for debt cancellation. How to apply for bankruptcy of an individual on loans? For this, several conditions must be met:

• The total debt, together with the accrued fines, has already exceeded the threshold of 500,000 rubles.
• The citizen did not pay back the debt for more than 3 months.
• The amount of monthly payments on loans exceeds the amount of income.
• The value of the debtor's property objects will not be able to cover the existing debt obligations.

So, a bankrupt is a citizen who does not have enough money and assets that he could sell in order to pay off all debts. If all of the above conditions are met, the bankruptcy procedure can be started.

This law has been amended, so now borrowers can independently apply without any active actions of credit institutions to file for bankruptcy. How to apply for this status?

When the total debt has not yet reached a critical level, the borrower can negotiate with the creditors for its restructuring. But, if the negotiations were not fruitful, and the amount of debt is constantly growing, it is necessary to apply to the court. Individuals can declare their financial insolvency in the 30-day period after the moment when they realized that they are unable to make payments on their accounts. This time is given for finding a financial manager and filing a statement of claim.

Effects

Before filing for bankruptcy, you must also familiarize yourself with the consequences of this procedure. Many debtors tend to think that this process is relatively simple and is only formal. However, the recognition of insolvency has rather serious consequences.

During the bankruptcy procedure, the debtor loses his property. All property objects of sufficient value can be sold, and money from their sale will go to pay debts. After the procedure, the bankrupt will have a bad credit history. And in the future, the citizen is deprived of the opportunity to take out loans and loans. For all operations for the acquisition of property or securities, as well as major transactions in the 3-year period after the recognition of insolvency, it will be necessary to obtain the permission of the financial manager. The citizen-bankrupt within 3 years has no right to occupy managerial posts and the more so to open the business.

The duration of the process takes, as a rule, six months, at which time the debtor is deprived of the opportunity to travel abroad (sometimes even beyond the city limits), as well as the right to manage his property. All current transactions and operations are frozen, and those that were committed shortly before the application to the court, are subject to thorough verification. They are forcibly terminated if experts doubt their legal purity.

What must be done before filing a statement of claim?

So, if you decided to formalize the bankruptcy of a natural person, how to issue and what documents to file for filing a claim with a court?

For the application it is necessary:

• Make a list of creditors and debtors (it is also important to specify the details, the terms of repayment and the amount of the money, if the bankrupt has debtors, the assignment of rights of claims is formalized).
• To issue a certificate of the form 2-NDFL at the place of work.
• Receive an extract from the PFRF from the personal account of the insured person.
• Make copies of the passport, TIN and SNILS certificates, marriage, birth of children, work record book, decision to recognize the citizen as unemployed.
• Get an extract from EGRIP (valid for 5 days).
• Prepare the originals of documents that testify to the requirements of credit institutions that confirm the ownership of property.
• Get an extract from bank accounts.
• Get a certificate-extract from the register of shareholders.

Also before submitting an application it is necessary:

• Choose a self-regulatory organization and a financial manager.
• Conduct an evaluation of property objects.
• Pay the state fee and transfer funds to the court deposit for the work of the financial manager.
• Send notification of the launch of the bankruptcy procedure to creditors with the attachment of all copies of the above documents.

Cost of the procedure

In the question of how to properly formalize the bankruptcy of an individual, it is important to touch on the material side as well. The procedure, in its essence, involves a large number of costs. Borrowers who have expressed a desire to declare their insolvency, spend an average of about 40,000 rubles even before the case in court. For what it is necessary to pay?

1. The services of the evaluation bureau (their price is determined by the amount of the basic tariff and 1% of the value of the valued property objects).
2. Notarization of copies (they are necessary both for filing to the court and for sending notices to creditors).
3. The state fee is 6000 rubles.
4. Services of the financial manager (10,000 rubles + 1% of the money received from the sale of the bankrupt estate).
5. Services of a qualified lawyer (drafting a statement of claim, representation in court of the interests of a bankrupt citizen).
6. Other transport and postal expenses.

Sequencing

How to apply for bankruptcy? What is the sequence of actions of the debtor? To begin with, you should consult a qualified lawyer in this process. Since the law was issued recently, it contains a large number of unclear points. Usually the first consultation is free of charge.

If you have weighed all the pros and cons and decided to become bankrupt, you must write a corresponding statement. You can do this either independently or through a lender. Next, it is necessary to prepare a package of the above documents, attach them to the application and file with the court. Insolvency is recognized only in court.

The application must contain the name of a self-regulating organization, which will appoint a financial or arbitration manager. You can also specify a specific candidate who will act as a manager. Before the application is submitted, it is necessary to notify each creditor by mail. After this, it is necessary to pay the state fee. Requisites for its payment you will find on the website of the court. Then it is possible to transfer documents to the judicial office (necessarily personal presence of the applicant or the authorized representative).

Filing of a statement of claim

We examined the sequence of actions that involve the bankruptcy of the individual. How to apply to the court to recognize the insolvency?

A citizen has the right to submit an application in both printed and manuscript versions. The printed version is more preferable. As a trustee who can file an application with a court, a lawyer, a financial manager, can act. Also the document can be sent by registered mail by mail. The first court session is appointed, as a rule, one month after the submission of the application. This period is necessary for the creditors to agree their claims.

The statement of claim must be formalized according to the established pattern. It should contain three parts:

• The document cap (the name of the court and its coordinates, the full name of the debtor, the lawyer, the financial manager and the name of the credit organizations with the addresses).
• The main (information about the loans taken, the names of banks and credit organizations, the documents on which they were drawn up, the period of the debt and its reasons, the size, the justification for the impossibility of restructuring, whether attempts were made to pre-trial the issue).
• Resolutive (list of documents attached to the application, request for recognition of insolvency of the debtor's citizen, filing date, signature).

Is there an alternative?

Before you file bankruptcy, you need to think several times about the advisability of such a serious step. This procedure has an alternative option - preliminary negotiations with credit organizations and debt restructuring.

The situation is simpler with citizens who owe one bank. In this case, it will be easy to agree. To do this, you need to send a letter to the bank, in which the situation will be described in detail. For example, if the debtor lost his job due to liquidation of the organization and asked to freeze the interest on the loan. The bank can go to a meeting and offer:

• Full deferment of loan payment;
• Deferred payment of interest;
• Extension of the loan period;
• Change in the payment date;
• Transition to another interest rate, currency, type of payment.

In situations where the amount of debt is constantly growing and has already become quite significant, the borrower is best to try to contact the bank and request a restructuring. If the borrower does not get in touch, the creditors have the right to launch enforcement proceedings and bankruptcy proceedings against the debtor, as a result of which the subject of the pledge will be withdrawn.

Much more difficult is the situation for those who owe several banks. However, there are special programs for on-lending, where you can sum up the entire amount of debt, that is, you can combine several debts into one large. It is important that the bank is convinced that the borrower's financial difficulties are temporary and caused by reasons beyond his control.

Debt restructuring is a more profitable position for creditors than the bankruptcy of an individual. How to issue an application for restructuring the debt in the bank, its employees will prompt. If it comes to litigation, the court can recognize the citizen as bankrupt or change the terms of the loan agreement.

How to file bankruptcy of an individual before a bank?

It's no secret that many debtors take loans in banks. How to apply for bankruptcy of an individual for a bank? This procedure is no different from the standard, which is described above: you need to collect a package of documents and file a statement of claim with the arbitration court. However, it is impossible to declare its insolvency exclusively to the bank, because this procedure is applied simultaneously to all creditors.

If there is no property

How to file bankruptcy of an individual, if there is no property? For this, it is also necessary to apply to the arbitration court. The debtor must prove that he does not possess any property objects. In this case, the court writes off the entire amount of debt from an insolvent citizen. Moreover, all major transactions with property 3 years before the start of bankruptcy proceedings will be checked for legitimacy and legal purity.

What can not be withdrawn?

Not all property objects can be withdrawn and sold during the bankruptcy procedure. These objects include:

• Real estate, when it is the only place for the residence of a citizen-debtor and his relatives;
• Clothing, footwear, household appliances, items that are used in everyday life;
• Things and property that are necessary for the implementation of professional activities or used as a means of generating income when their price is less than 100 minimum wages;
• Devices and vehicles necessary for the movement of people with disabilities;
• Structures of economic purpose;
• Animals, birds, bees, livestock;
• Fuel, if it is used for cooking or for heating the living space.

Controversial situations

Speaking about the bankruptcy of an individual, how to issue the necessary documentation to file an application with a court, it is important to remember that disputes can arise during the proceedings. For example, creditors may think that the amount of debt that can be claimed from an insolvent citizen is insufficient. Such disputable situations can serve as a reason for carrying out a wide variety of frauds. Therefore, it is best to use the help of a qualified lawyer.

If the amount owed to creditors exceeded half a million rubles, a citizen can file an application with the court to recognize the bankruptcy of an individual. How to formalize this procedure, its features and consequences, each debtor should know. The insolvency law came into force not so long ago, therefore, before filing a claim it makes sense to apply for qualified legal assistance.