The law on bankruptcy of individuals is still under discussion
Despite the fact that the problem with debtors andcreditors are very acute in our country, only legal entities have the right to take the opportunity to become bankrupt. Until now, at the development stage is the law on bankruptcy of individuals. 2012 should be a watershed in this regard. The other day the State Duma considered and amended the new draft of this law.
Legislative base on the issue of permissionDisputes related to property obligations are rather meager. There are still disputes over the amount of debt that should become decisive when applying to the court to initiate a procedure - bankruptcy of individuals. 2012 turned the debate into a new direction.
Now not only debtors are interested inacceptance of the necessary rules. Creditors themselves, among which a special place is occupied by banks with very different loans for the population, want to be more protected and clearly know how the issue will be resolved in one or another situation.
So what do the legislative authorities suggest? According to the latest changes, the law on bankruptcy of individuals can be applied in the following case:
If a citizen fails to make a regular payment, andexpiration of three months, his debt is more than 50 000 rubles, then it becomes possible to file an application for the recognition of bankruptcy. This kind of application is submitted to the arbitration court. The application can be submitted not only in case of problems. There is an opportunity to file an application if the onset of difficulties is a matter of time. This can be manifested in the form of a sharp loss of income sources or taking a critical number of loans. Also, the law on the bankruptcy of individuals involves filing an application for bankruptcy by creditors.
There are only three ways to solve bankruptcy problems.
- The simplest is the conclusion of an agreement with writing off debts. Carried out in the absence of the borrower's work and property.
- Painful enough - selling property. Money from the sale goes to pay off debts. You can not sell a citizen's dwelling (if it's the only one) and the property necessary for living (minimum of household appliances, personal things).
- Complicated, but most in demand - debt restructuring. If the debtor has a job and is able to pay off the debt from wages up to five years.
If the scheme for applying the first two options is clear, then the third requires a certain explanation.
First of all, the law on bankruptcy of individualsobliges the debtor to independently draw up a special action plan - a restructuring plan and monitor its implementation. He is also allowed to hire an arbitration manager.
To obtain the consent of the court for restructuring, a citizen must meet certain requirements:
- Have a steady income.
- Do not have a conviction in the economic sphere that has not been lifted or canceled.
- To confirm the fact that during the last three years he was not held accountable for damage or intentional destruction of property, theft, fictitious bankruptcy.
- Confirm that he was not declared bankrupt in the last five years.
- Provide data indicating that another restructuring plan has not been approved for it in the last eight years.
If all the above requirements are met, the arbitration court, taking into account not only the law on bankruptcy of individuals, but also other regulatory acts, approves the restructuring plan.
After the citizen pays for allcreditors. For this, the debtor is given 5 years. With full payment for this period, the citizen is released from liabilities to creditors. If not, he is declared bankrupt.
In any case, do not forget that this is only a bill, and how the situation will develop further, time will tell.