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Business / Finance

#dangerprone: how to declare bankruptcy

Banki.ru: themes of the day 22.05.2019 at 21:00

Banking and financial news on the website Banki.ru

During the four years of the law on personal bankruptcy procedure have used 107,6 thousand people, estimated by the United credit Bureau and the project "Medresurs". And technology is rapidly gaining popularity. In the first quarter of 2019, the number of citizens and individual entrepreneurs recognized bankrupt, have increased by 48%. Tell how to declare bankruptcy, why you need it and how much you have to spend on the procedure.

Who can declare bankruptcy?

Bankruptcy is not a pleasant procedure, but sometimes it's the only option of getting rid of bad debts. If you pay your obligations on time is not possible, you have the right to apply to the court to declare itself bankrupt. If the debts exceed 500 thousand roubles, to apply you are required by law.

the Cons of bankruptcy Your property will sell to pay off creditors. Bankruptcy — in itself expensive. Services of lawyers, financial Manager, other costs and fees, according to estimates by Banks.ru, will cost not less than 100 thousand rubles. During the procedure of debt restructuring you will not be able to dispose of their income and assets. In a month you will be allowed to spend from the special account not more than 50 thousand rubles, if the court does not approve a greater b amount. To complete the procedure, you can prevent the departure from Russia. Bankruptcy is a black mark on your credit history. Your chances of obtaining a new Bank loan will be close to zero. You will be required to disclose bankruptcy when obtaining a loan or loan within five years. This life to declare itself bankrupt again and again to write off debts also can not. Read more about the consequences of bankruptcy read in the publication Banks.ru. For three years you are not permitted to hold management positions in companies. Ad unit the Advantages of bankruptcy When you are declared bankrupt, your debts will be written off in full, even if the sale of the property will not cover the entire debt. This norm does not apply to the payment of debts for alimony and compensation of harm of life or health. You do not require more than what you have in the property, and will not take the only housing (except the mortgage), the land under them, the things of personal use (except luxury items). Since the beginning of the bankruptcy procedure, the creditors and collectors will not pester you with calls, all conversations with them will guide your financial Manager — however, for your money (see above). How is the bankruptcy will Notify creditors that you are going to initiate procedure of bankruptcy. Find financial Manager — without it, the procedure could be carried out. This person will manage your property and finances during the procedure, to form the register of creditors, to file a mandatory notification course of bankruptcy (this is currently done through the newspaper "Kommersant" and the Uniform Federal register of data on bankruptcy — ERSB), also it will develop a debt restructuring plan and conduct the appraisal and sale of property. To choose the Manager in EMSB in the section "Arbitration managers". Note the number of completed cases, cases of extension procedures and a bounce from it, to assess the experience and integrity pinoproblema. Pay the state fee and put on Deposit with the court the amount necessary for the payment of services and expenses of the liquidator. Collect required documents: about the size of the liabilities, income and tax amounts for the previous three years, Bank accounts, deposits, immovable and movable property. You will also need copies of contracts for real estate transactions, securities, vehicles, shares in the authorized capital in the amount exceeding 300 thousand rubles. Write a statement detailing to whom and how much you owe and why you cannot pay. Tell us about your property, Bank accounts and income, indicate the organization that is your chosen Trustee. The statement with the inventory of all collected documents and receipt of payment of the fee hand over to the Secretariat of the arbitration court. The documents can be filed personally, by mail or through the portal of public services. Wait until the court finds your complaint is justified. It can take from 15 days to three months. The court may admit the statement unreasonable, for example, unless proven your inability to pay. In this case, the proceedings terminated. If the court finds the complaint is justified, then the situation can develop according to three scenarios. At any stage of your financial Manager can negotiate with the creditors about the settlement. For example, you can write off part of the debt or to grant a postponement. In this case, a bankruptcy case is terminated. Trustee can negotiate with your creditors on debt restructuring — the revision of schedule of debts and their repayment. The bankruptcy case is not closed and the restructuring plan can be designed for up to three years. To dispose of property during this period, you can not, you will open a special account from which you will not be able to spend more than 50 thousand rubles per month. Restructuring is possible if you have a source of steady income sufficient to repay the debt on schedule. Rule will not apply if you have a conviction for economic crimes if you have been declared bankrupt in the past five years or within the last eight years used the restructuring plan. If to pay its creditors during the debt restructuring will not succeed, you are declared bankrupt and will start the sale of the property. Proceeds from the auction funds the financial administrator distributes among the creditors. How much is a bankruptcy

the Cost of bankruptcy depends on the region situation of the debtor and the register of creditors.

to increase the chances in court, you need the services of a lawyer (50 thousand rubles). It helps to collect the documents and write a statement, following the action finupravleniya and can represent your interests in court. In case of self-bankruptcy of natural persons would be extremely difficult to "knock out" funds above the minimum subsistence level. The minimum size of fixed payment finupravleniya one treatment — 25 thousand rubles. If you are and debt restructuring, and asset sales, the amount is doubled. State fee — 300 rubles, postage costs and banking services — 2-3 thousand rubles. Other expenses finupravleniya: messages in ERSB (5-7 publications on 412 rubles), published in the authoritative media (one or two items of 11 thousand rubles), payment of electronic trading platforms (about 7 thousand roubles).

You can turn to a law firm that deals with bankruptcy of natural persons. You will be offered the "full package": the advice and assistance of a lawyer, appraiser services, finupravleniya, up to full representation, "a guarantee of a positive decision of the court." In an average bankruptcy "turn-key" will have to pay from 100 thousand to 200 thousand rubles.