Банкротство физических лиц

Закон о банкротстве физических лиц вступил в силу 1 октября 2015 года.

1.Для запуска процедуры банкротства необходимо подать заявление в суд
и предоставить списки кредиторов (а также должников, если они есть), указать суммы задолженности, приложить опись своего имущества, в том числе находящегося в залоге, справку о наличии счетов, вкладов, доходах и уплаченных налогах за три года. Также претендент на банкротство обязан отчитаться о сделках с недвижимостью и прочим имуществом дороже 300 тысяч рублей за последние три года. Заявление на банкротство может подать не только сам человек — вместо него это могут сделать, например, банк или налоговая инспекция.

Суд рассматривает заявление о банкротстве и назначает финансового управляющего, который оценит материальное состояние физического лица. Управляющий имеет право выступать в процессе от имени должника и возражать против требований кредиторов. Финансовый управляющий должен собрать на совет тех, кому задолжал человек, чтобы решить, что делать с долгом.
По мнению экспертов, есть три сценария развития событий. Первый – реструктуризация, когда устанавливается новый, более щадящий порядок погашения задолженностей (например, срок выплат увеличивают и ежемесячный платеж уменьшается). Второй – мировое соглашение, когда должник и кредиторы приходят к определенному решению и процедура банкротства останавливается. Третий – банкротство. Это означает, что теперь должник не может в полной мере распоряжаться своим имуществом (продать его, подарить и пр.), потому что оно находится в ведении финансового управляющего. Он проводит процедуру оценки вещей и продает их, чтобы заплатить долги.
Дела о банкротстве граждан и индивидуальных предпринимателей рассматриваются АРБИТРАЖНЫМ СУДОМ.
В суд может подать как сам должник, так и его кредитор. При этом, если иск подаёт конкурсный кредитор, долг гражданина должен составлять не менее 500 тысяч рублей, а просрочка платежей — не менее трёх месяцев. Если заявление о банкротстве подаёт сам должник, сумма задолженности может быть и меньше. но в таком случае должник должен будет доказать, что у него отсутствует имущество и доходы для возможного погашения такой задолженности (принцип неоплатности)
2. Дело о банкротстве гражданина может быть возбуждено после его смерти.
В этом случае заявление в суд может подать кредитор, уполномоченный орган, а также наследники должника.
3. При рассмотрении дела о банкротстве гражданина суд может применить реструктуризацию долга.
При отсутствии возражений кредиторов суд может утвердить план погашения долгов, в котором указываются:
срок его осуществления( не более трёх лет);
размеры сумм, ежемесячно оставляемых должнику и членам его семьи для обеспечения их жизнедеятельности ( не менее установленного прожиточного минимума);
размеры сумм, которые предполагается ежемесячно направлять на погашение требований кредиторов.
4. В случае, если реструктуризация долга невозможна, задолженность банкрота может быть погашена за счёт его имущества.
Реализации подлежит ВСЁ имущество должника, за исключением того, что не может быть изъято для реализации ( ст.446 ГПК). Драгоценности и другие предметы роскоши, стоимость которых превышает 100 тысяч рублей, а также недвижимое имущество подлежат реализации на открытых торгах.

В счёт уплаты долга не может быть изъято:
— единственное жильё должника, а также земельные участки, на которых оно расположено;
— предметы обычной домашней обстановки и обихода;
— вещи индивидуального пользования (одежда, обувь и другие);
— имущество, необходимое для профессиональных занятий гражданина-должника, за исключением предметов, стоимость которых превышает сто установленных федеральным законом минимальных размеров оплаты труда;
— племенной, молочный и рабочий скот, олени, кролики, птица, пчёлы, корма, а также хозяйственные строения и сооружения, необходимые для их содержания (используемые для целей, не связанных с осуществлением предпринимательской деятельности);
— продукты питания и деньги на общую сумму не менее установленной величины прожиточного минимума самого гражданина-должника и лиц, находящихся на его иждивении;
— топливо, необходимое семье гражданина-должника для приготовления своей ежедневной пищи и отопления в течение отопительного сезона своего жилого помещения;
средства транспорта и другое необходимое гражданину-должнику в связи с его инвалидностью имущество;
— призы, государственные награды, почётные и памятные знаки должника.
5. Суд может запретить должнику выезд за границу до завершения процедуры реализации его имущества.
Суд налагает арест на имущество гражданина. Финансовый  управляющий до рассмотрения судом дела о банкротстве проводит оценку имущества.

6. С момента признания гражданина банкротом прекращается начисление штрафов, пеней, процентов и иных финансовых санкций по всем обязательствам гражданина. . Вводится мораторий на предъявление требований к должнику на время проведения процедуры. Т.е. на время проведения процедуры должника не имеют права беспокоить ни судебные приставы, ни коллекторы, ни прочие представители кредиторов.

Решение о признании гражданина банкротом и об открытии конкурсного производства суд направляет всем известным кредиторам с указанием срока предъявления кредиторами требований, который не может превышать два месяца. Статус банкрота сохраняется за гражданином в течение пяти лет.

Я помогу Вам провести процедуру банкротства Вашего должника или проведу процедуру Вашего банкротства, как физического лица.

Звоните!

+7-911-362-33-74

 

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