How to make yourself bankrupt, so as not to pay a loan and write off debts?

Hello, my name is Ekaterina Volosova, I'm from the city of Saratov. Now I have a poor financial situation, tell me how to make myself bankrupt, so as not to pay a loan?

Hello, Catherine, we’ll try to answer your question more fully.

Declaring oneself bankrupt, in order to relieve oneself of obligations to pay loans that have become an excessive burden, is often seen as the only way out of this situation.

First, we recommend reading the article - what is bankruptcy, what stages and signs of bankruptcy proceedings exist.

In order to recognize the bankruptcy of an individual, it is necessary:

1. Have Russian citizenship;
2. Do not make loan payments for more than three months;
3. Have a total debt of more than five hundred thousand rubles;
4. Have sufficient evidence of insolvency for the court;
5. Have evidence that all possible measures have been taken to independently repay the debt, that attempts have been made to agree with the creditor, preferably in writing;
6. The absence of suspicious transactions, such as transfer of property, transfer of serious amounts of money over the past three years, which could raise suspicions of attempts to conceal property when bankruptcy is already becoming apparent;

You can read more about the list of documents, the necessary step-by-step instructions, possible consequences, and so on, by reading an article about the bankruptcy of individuals and individual entrepreneurs.

1. Bankruptcy fraud

With the advent of this opportunity in Russian law, there were also those who wanted to circle representatives of the law around their fingers. However, do not underestimate their capabilities and, before getting involved in such a scam, it is better to think about the consequences.

There are 2 (two) types of fraud in this procedure:

• Intentional bankruptcy. An unscrupulous citizen deliberately creates conditions conducive to impoverishment, underestimates his income and makes himself ruined.
• Fictitious Bankruptcy. The court will certainly be interested if a person got rid of property by all means before declaring that he is bankrupt. For example, the transfer of property rights or the sale at a lower cost of their property, the provision of deliberately incorrect data on property, large transfers to extraneous accounts for the last three years.

If a person declares bankruptcy and, at the same time, is not in a hopeless situation and has no reason, he will be punished.

In the case of financial damage, the degree of punishment depends on its amount:

• less 1,5 million rubles - refusal to declare bankruptcy, administrative responsibility, in the form of a fine of up to 3,000 rubles;
• more 1,5 million rubles - refusal to declare bankruptcy, liability under the Criminal Code of the Russian Federation, up to and including imprisonment for 6 years.

Bankruptcy has an indisputable plus - getting rid of excessive debt, legally. But there is a negative side to this process.

2. The disadvantages of bankruptcy

Bankruptcy proceedings are inextricably linked to risks and negative consequences, such as:

1. Provided that there is a constant source of income, it will not be possible to completely dump the burden of obligations on oneself. Even if the court goes to a meeting and revises the payment schedule, it will oblige the debtor to pay any allowable part of the debt to the creditors for at least three years.
2. In case of non-repayment of the debt for a period of three years, the court may order the seizure of the property of the debtor, which will be put up for auction and bankruptcy auctions, and the proceeds will be divided between the recipients of the debt. And only if this, as before, is not enough, the debt that remains will be written off.
3. If the creditor decides on its own to declare the debtor bankrupt, the latter may be unprepared for the procedure, which will entail large property losses for him.
4. For the entire period of the consideration of the case (but not more than 6 months), the debtor is prohibited from traveling outside the country.
5. A citizen who has been declared bankrupt does not have the right to be appointed to the posts of managers in commercial organizations for 3 years after that.
6. Repeated bankruptcy is prohibited for a period of 5 years.
7. The bankrupt is obliged to inform creditors about this case for any loans within 5 years.

3. Who has the right to declare bankruptcy?

According to the law, any citizen, regardless of his age, gender, social status and availability of savings, has the right to declare his financial insolvency.

To declare bankruptcy to an individual and individual entrepreneur, it is only necessary to have the grounds and, of course, their provability.

4. The cost of bankruptcy proceedings

Even the procedure for declaring bankruptcy of an individual requires some financial costs:

• State duty (300 rubles (it was 6,000 rubles));
• A one-time fee to the financial manager (from 25,000 rubles). If there is a shortage of funds to pay for this item, at the time of filing an application, it is possible to apply for a deferred payment.
• Costs associated with informing creditors, which must necessarily receive copies of the application.

5. Documents required for bankruptcy proceedings

This procedure is the responsibility of the Arbitration Court at the place of residence / registration.

For this, it is necessary to provide a package of documents, the main of which are:

• declaration of commencement of bankruptcy proceedings;
• personal and credit documents;
• documents on available cash accounts and property;
• documents confirming official income for the period of the last three years (as well as transactions worth over 300,000 rubles);
• documents on payment of state fees and remuneration of the financial manager;
• documents that can confirm the current situation in which the financial situation has obviously deteriorated.

In cases where the applicant cannot personally visit the courthouse to submit documents, he has the right:

• delegate these actions to an authorized person. Of course, then a letter of attorney will need to be attached to the package of documents.
• submit an application in electronic form using a special Internet resource (the most convenient option if the applicant has PC skills);
• send all documents by mail to the court (In order to avoid the loss of any part, it is better to enclose an inventory).

We hope we were able to answer your questions. Sincerely, Richpro.ru team!

Watch the video: 3 Reasons Why You Should Not Pay Your Debt (November 2024).