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Company / Laws

Extrajudicial procedure of recognition of a citizen bankrupt

Legal aid 07.10.2019 at 18:51

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At present, the current legislation stipulates the judicial procedure for recognition of a citizen bankrupt in the presence of bases. In order to submit to the arbitration court a statement of recognition of a citizen bankrupt need to prepare a "package of documents", which will be the substantiation of claims. So, you need to provide copies of all debt documents (credit agreements, loan agreements, promissory notes). Debt also includes debts for utility payments, traffic fines and tax arrears. The presence of debt may be confirmed by judicial decisions (court decisions, court orders). Also need copies of your passport, INN, SNILS. Need help on the account of the insured person from the pension Fund, and a certificate of absence status of an individual entrepreneur. If the citizen is married, you will need to provide proof of marriage. If the marriage is terminated within three years prior to applying to the arbitration court, you need a certificate of divorce. If a citizen in marriage, sign a marriage contract, you need a copy of the marriage contract. If the contents have minor children, include birth certificates of children. To determine the financial situation of a citizen provided information on the status of all accounts from all the banks where the accounts have been opened. Also include income form W-2, certificate of pension from the pension Fund, as well as reference on the payment of other benefits, subsidies. In addition, you need to make will be to the Deposit account of the arbitration court of 25 000. to pay for the services of the arbitration Manager. Not to mention the fact that it is necessary to pay services of the lawyer who will prepare the statement in arbitration court, and if necessary will accompany the bankruptcy of the citizen. For most citizens, the judicial bankruptcy proceedings is not available because of lack of funds in bankruptcy. The Federal legislator recognizes this fact, therefore, it is planned to establish a simplified (extrajudicial) procedure for recognition of a citizen bankrupt.

the Draft Federal law "On amendments to the Federal law "On insolvency (bankruptcy)" in part extrajudicial bankruptcy citizen" plans to introduce new (extrajudicial) procedure for recognition of a citizen bankrupt. Support a non-judicial procedure of bankruptcy of the citizen is requested to impose on the liquidator, which will be obliged to check compliance of the citizen prescribed by the law requirements and to certify this fact. After which the Trustee distributes information on initiation of court bankruptcy in the Unified Federal register of bankruptcy information. The consequences of initiating a non-judicial procedure comparable to the effects of debt restructuring, in particular the accrual of penalties (fines, penalties) and other financial sanctions, and interest on all obligations of a citizen. During the year, the creditors and the authorised bodies have the right to apply for bankruptcy to the court in a General manner. Also, the specified period is provided in order to improve the life situation of the citizen, the search for highly paid work, the introduction in inheritance. On the occurrence of these circumstances, the citizen is obliged to inform the liquidator and its creditors. Extrajudicial procedure in this case is terminated. Otherwise, a year from extrajudicial procedure ends with the onset of bankruptcy law in force of the law.

it Should be noted that under the draft Federal law "On amendments to the Federal law "On insolvency (bankruptcy)" in part, the extrajudicial bankruptcy law" provides for free procedure for maintenance procedure for the recognition of a citizen bankrupt. The remuneration of the liquidator, as well as reimbursement of its costs of publishing in the Unified Federal register of information on bankruptcy will be paid from the support Fund of extrajudicial bankruptcy of citizens formed the national Association of self-regulating organizations of arbitration managers on the basis of contributions of self-regulating organizations of arbitration managers.