If loan obligations exceed the amount of income, debts are more than 500 thousand rubles, you can declare yourself bankrupt. For this, a statement and a package of documents are prepared, which are submitted to the Arbitration Court of the Russian Federation.
From 1.10.2015, residents of Russia can obtain bankruptcy status if it is impossible to fulfill their debt obligations. This allows you to protect yourself from debt payments, get rid of the pressure of collection agencies.
The whole process is divided into 6 stages:
- collection of documents;
- consideration of the case in court;
- debt restructuring;
- obtaining the appropriate status;
- sale of existing property;
- writing off the remaining debt.
Not everyone can declare bankruptcy. It is necessary that the total debt was over 500 thousand rubles, the delay in payments was at least three months. When making payments, the balance must be below the legal minimum subsistence level. The bankruptcy of a deceased person can occur if only debts were received as inheritance.
What to do at the stage of collecting documents?
To confirm bankruptcy, an individual needs to collect a package of official papers. You will need:
- passport;
- birth certificates of children and marriage;
- documents on the division of property.
TIN, SNILS, confirmation of the IP status must be attached to the case. If these documents are not on hand, visit the relevant government agencies to obtain them.
Forms that determine the financial situation will come in handy. To do this, you need copies of documents confirming the level of income for the last 36 months, the amount of taxes withheld. You can get them in the accounting department at the place of permanent work or at the employment center. If you have bank accounts, you should have a statement about them.
The last group of documents are loan agreements and other papers confirming the impossibility of making payments on the debt. When the entire package is assembled, you can apply to the Arbitration Court of the Russian Federation.
Bankruptcy - the result of the consideration of the case in court
To declare oneself bankrupt, it is necessary that the fact of impossibility of payments is established in court. It will be checked whether the applicant has made major financial transactions, whether he has donated money or liquid property. If the fact of deception of the court is revealed, this will entail liability in the form of a fine or imprisonment.
Please note: after filing an application to the court, debts are frozen, so new fines cannot be charged on them. From the moment the business is opened, you cannot contribute funds to pay off the debt.
Get ready for the fact that the property will be seized and a manager appointed. The latter will dispose of all material assets of the debtor. The manager also conducts analysis for the possibility of debt restructuring. This can be an increase in terms, registration of credit vacations. Three years are given to implement the plan.
If restructuring is not possible, the court will declare the person bankrupt. After the end of 6 months and the sale of the existing property in court, the remaining debts are invalidated. The new status will be valid for five years. Restrictions are imposed on this time.
In conclusion, it should be noted: declaring yourself bankrupt requires financial costs. You may need the help of a professional lawyer at the stage of writing the application. The outcome of a case often depends on legal literacy. Obligatory is also an item of expenses related to payment for the services of a manager. It consists of a fixed amount and interest. The latter depend on the course of the case.
