How to become bankrupt and why this is not given to everyone

In September, a simplified scheme for writing off debts for Russians was earned, when you can declare yourself bankrupt without trial. Over a month, almost two thousand people made bankruptcy statements, but the applications approved only every fifth citizen. We tell you why it happened, how to declare yourself bankrupt and when it is worth it or not to do it.

Every fifth bankrupt

From September 1, it is possible to launch a bankruptcy procedure through an appeal to a multifunctional center (before you can declare yourself bankrupt only through the court). Almost two thousand citizens took advantage of this opportunity in a month, but only 413 of them approved the procedure - follows from the statistics of the Unified Register of Bankruptcy Information "Fedresurs".

A large share (almost 80%) of the Feresors refusals was explained by the fact that debtors do not fully understand the criteria for declaring themselves bankrupt and “do not know how to check them before coming to the MFC”.

How many bankrupt in Russia

For the entire period of the existence of personal bankruptcy procedure (from October 2015 to September 2020), 240,285 citizens were recognized bankrupt.

Four million more Russians may submit applications for non -judicial bankruptcy - the National Association of Professional Collection Agencies (Napka) appreciated . These four million citizens with debts from 50 to 500 thousand rubles got, but Napka has no data on their property. Russians with debts above 500 thousand are still 1.08 million - data from the National Bureau of credit stories for April 1, 2020.

How the application works

According to the new scheme, you can free from debts without court, but for this you need to meet several requirements:

• Debts on loans and loans (this does not include fines, penalties, interest on the delay in payment) should be at least 50 thousand and no more than 500 thousand rubles.
• The debtor should not have open enforcement proceedings, and the old ones had to end for creditors to no avail. That is, they tried to recover debts from you, but did not find where.
• The debtor should not have funds or property to pay off the debt (this will be checked at the base of the Federal Bailiff Service). You will not be able to declare yourself bankrupt according to the simplified procedure if you have any income (for example, pension) and additional property in addition to single housing.

Together with the statement, the debtor provides a list of all the creditors known to him, to whom he has obligations.

Underwater stones

If you have property in the process of extrajudicial bankruptcy, then the procedure will be stopped. Thus, within six months you will not be able to get an apartment in the inheritance or as a gift.

If the debtor indicated not all creditors in the application (or underestimated the amount of the debt), then the creditor has the right to transfer the procedure to the court.

What's next

According to the law for one calendar day, the MFC must check whether the applicant meets the requirements. If so, after three days, the MFC enters into a single register information about the beginning of the bankruptcy procedure for a citizen. The procedure takes six months.

If the application is returned, then you can re -contact the MFC only a month later from the date of return.

What good

Employment bankruptcy is free.

You can save the only housing, but in order to apply for extrajudicial bankruptcy, you should not have other property.

No more calls from microcredit organizations or from collectors.

As soon as your application is accepted, interest on loans no longer grow.

If, while the bankruptcy procedure lasts, you will not have new property or any income, debts will write off.

What is bad

Three years after bankruptcy, it will not be possible to occupy leadership positions in the company or manage a legal entity.

In the process of bankruptcy, you will not be able to take new loans and become a guarantor. After the end of the procedure, it will also be difficult.

Bad credit history. For five years, the status of bankrupt has been operating - finding a bank that will give you a loan or mortgage will be very difficult.

If you were recognized as bankrupt by non -judicial procedure, then the next time you will have to go to court for the same status - by law, "a citizen has the right to file an application with bankrupt by extrajudicial order no earlier than after ten years."