On October 1 of this year, the law on the bankruptcy of individuals came into force. What a person needs to know in order to make a decision - to use this law if creditors are constantly knocking on doors, or to solve problems in a different way …
In short, the bankruptcy law provides for the possibility of a citizen declaring himself bankrupt if the debts are more than 500 thousand rubles, and the delay in payment is more than 3 months. But declaring yourself bankrupt is not the same as refusing to pay off your debts. Everything is somewhat more complicated and completely unprofitable for a future bankrupt.
Actually, the bankruptcy law is not a law on life "from scratch" of an inept user of financial instruments; rather, this law can be called a law on the unification of the restructuring of individual debt. After a person is declared bankrupt (this happens through the court at the request of the defaulter himself or his creditors, with proof of achievement of the above criteria), his property will be described and sold to pay the debt through open bidding. The financial manager (note that it must be approved by the court) will include everything on the list of properties for sale, except for the only housing, inexpensive personal items and clothing, tools and a small amount of money. By the way, if housing is used as collateral for a loan, then it will be sold as well.
Unfair bankrupt, that is, those who deliberately worsened their financial situation before declaring themselves bankrupt (for example, fictitiously sold housing, valuables, etc.), it must be remembered that such transactions may be challenged in court, so that return hidden property. Thus, it can also be realized for the purpose of paying off debts.
Another subtlety is bankruptcy costs. They will make up not only the amount of the lawyer's fee, who will represent the future bankrupt in court (if a lawyer is hired), but also the obligatory 10 thousand rubles. per month and 2 percent of the proceeds from the sale of property. This amount is paid by the bankrupt to the financial manager without fail as remuneration for his work.
And, of course, one must remember that after a person is declared bankrupt, he loses the opportunity to take new loans within five years, because the fact of bankruptcy must be indicated in the loan application. Although this moment can be called really positive.
What conclusion can be drawn from the above? Of course, you should not rush to declare bankruptcy under the new law. First, find the text of the law, study it very carefully, because in a short article it is impossible to reflect all the subtleties of this law, which are important for each specific situation. It is also worth consulting an experienced lawyer.
