According to statistics, more than 650 thousand citizens of Russia respond to the signs of bankruptcy, which are set out in the law — that is, have overdue debts in excess of half a million rubles. However, most debtors prefer to pull “credit strap” to the last, braving not only the court, but also the effects of bankruptcy proceedings. Are they really so tragic? And what really should be afraid of debtors, who decided on this step?
Major role in bankruptcy, — the General Director of “Law office № 1” Julia Kombarov, — played by a financial Manager, it is called liquidator and the lawyer representing the interests of the debtor. The Manager is disinterested figure, equally representing the interests of both the debtor and creditors. He is obliged to follow the letter of the law and will not obviously act in the interests of one side of the process. In the case of obvious violations, any party may file a complaint against him and, if the court finds such material, to discharge of fulfillment of duties in the case. Therefore, the lawyer helps the debtor to prove that the latter was a bona fide borrower and only due to unforeseen circumstances, became insolvent. Only in this case the citizen will be released from further performance of obligations and write off debts.
The expert also says that apply for bankruptcy, the citizens have the right regardless of the amount of overdue debt. This can be done at all without it, the main thing here is an objective basis for predicting it is impossible to execute the obligations.
— According to our practice, “she said,” sometimes it is advisable to go and file for bankruptcy and with debt of 300 thousand rubles, if the financial situation of the borrower hopeless. Even if there is no delinquency on the loan, but the debtor can clearly see that the debt he cannot repay. Thus it is necessary to answer the grounds of an insufficiency of assets, that is, its value and the amount of income is less than the total debt. It should also be noted that in the calculation of the property which is given to the creditors, is not only housing.
But we must understand that bankruptcy — pleasure is not free. On average, in large cities it is in the range of 130-150 thousand rubles. If there is property which is subject to sale, the financial Manager receives 7% of its value. However, immediately paying this amount is not necessary, all the legal companies are working in fierce competition and offer installments until the beginning of the payments from the third month of work. Installment is granted usually for a maximum of 10 months, regular payments to be from 10 to 15 thousand rubles.
Although after the filing of a petition in bankruptcy stops the collection terror (in this case the debtor will not pay on loans), but all the debtor’s accounts are blocked, so to dispose of them may be the only financial Manager with a personal visit to the Bank. It is clear that he will not be able to do it all the time, so to plan for the receipt and withdrawal of money you need in advance.
At the same time there is a new problem, lenders have access to information about the assets and income of the debtor. And now, a new court practice — the debtor of his salary is allocated the minimum subsistence level (about 11 000 rubles), the rest of the money goes to the repayment of creditors.
— By itself, — says Yulia Kombarov, — with this amount, it is impossible to lead a normal life, to go to work and eat normally. Low wages can also irritate the Themis, in our practice there are examples when the judges spoke in the same spirit — the debtor is healthy and young male, his employment with a salary of 15 000 and a flexible schedule allows him to get a job at part-time second job. However, we do not agree with this “freedom” of judges and the interpretation of the law.
Lenders also have the right to obtain information about the debtor’s transactions committed by them in the last three years for the sum more than 300 thousand rubles. And there were occasions when the potential bankrupt had been detected so far for their outstanding cars sold by “proxy” or stolen.
Therefore, that someone that it is necessary to rewrite or to sell before bankruptcy to protect Russians are best forgotten. The financial administrator will request archival reference within the building and the traffic police about the property, outstanding citizen in the last three years. If such transactions were made in the period of solvency, the questions to him will be much less. However, if the property sold if the debt and they at least partially has not been repaid, it can be regarded as concealment of funds. Person is declared bankrupt, but the release from debts will not occur. Lenders will go and get a writ of execution for the amount of debt, and will continue to recover. In addition, the established fact of concealment of property with serious criminal penalties.
Of course, we must not forget that every citizen has the right to a decent life. And if they documented the need for cash in excess of the subsistence minimum, the court is obliged to exclude them from the bankruptcy estate. This can be, for example, expenses for dependents (grandmother, child), drugs, alimony, rent, and other vital needs. Future bankruptcy leave a living wage for each dependent, but the presence of children in the marriage, the subsistence minimum per child is divided in half, as family law both parents must provide child. Medicines have to be recipes. If the debtor can not confirm the necessity of spending, it will be treated as a withdrawal.
You also need to consider that a financial Manager comes to the debtor’s home and describes the property to seizure for the benefit of creditors. But not all, there are many definitions of the Supreme Court, which clearly explained what constitutes the simple things in household: one TV, one refrigerator, one stove, one microwave, one washer, one dishwasher. The boxes of the debtor in bankruptcy proceedings too, no fumbling will not happen. If luxury isn’t recorded anywhere, nobody wants them. The same applies to purebreds, black caviar, handbags Louis Vuitton and so on.
The following important point: in considering an application for declaring the debtor bankrupt, the judge will inquire that the loan was taken and why it is impossible to repay. The answer in this case should be as argued, pointing to the reasons for insolvency. Such, for example, there may be a decrease in profit from business with the debtor, the reduction of wages and the condition, not allowing to work, or increase vital expenditures.
Perfect for the debtor result — when filing for bankruptcy is happening at least a partial repayment of the debt due to the sale of any property or the accumulation of wages. In such a situation the creditors will report about the formal execution of their duties, and their employers won’t require them to be active in this procedure.
It happens that the creditor included in the register to the debtor, took no part in the whole procedure. But coming into the final meeting of creditors and after learning that the repayment requirements will not vote against the completion of the bankruptcy procedure. Then the task of financial Manager at judicial session on consideration of the report on the procedure to explain to the judge that all measures aimed at the search and formation of the bankruptcy estate of the debtor is made, but to no avail, and also to draw his attention to the abuse of the lender its rights, as for the entire period of the procedure is no recent activity did not show, but his position leads to delays in the process.