Not everyone can handle credit burdens. Sometimes it turns out that an individual simply has no choice but to declare himself bankrupt. This is the only way to prove in court that the borrower simply simply does not have the ability to fulfill the loan obligations taken on him. To understand in more detail on this issue, it is worth examining the reviews of individuals - feedback on the consequences of bankruptcy and how exactly this procedure occurs. The opinion of people who have become insolvent can be very helpful.
Bankruptcy Terms
First of all, you should study the basic requirements. What is said in the reviews of individuals who went through bankruptcy? If this or that person wants to declare himself incapable of paying any money bills in order to get rid of the necessary obligations, in this case he is obliged to meet several requirements.
First of all, he should have a debt on the loan, which exceeds the amount of 500 thousand rubles. In addition, the delay in payments should be more than 3 months. However, this clause has some reservation, according to which there are a number of circumstances, according to which the borrower can already anticipate in advance that he will not be able to pay the loan obligations assigned to him. It is worth considering that in order to declare bankruptcy, you need to turn to specialists who really recognize an individual as insolvent and bona fide in order not to apply additional penalties to him.
What does this mean? If you consider the reviews of individuals (who made bankruptcy), then many note that this procedure is quite exhausting and long. The fact is that there are two categories of citizens who do not pay loans. Some of them are hiding from banks or other financial institutions, while others are willing to make regular payments. However, they simply do not have the necessary amount of money. They inform the employees of banking institutions about this and do not hide any data. According to the reviews of individuals who went through bankruptcy, he belonged to the second category.
What papers will be required
According to reviews of the bankruptcy of individuals, who went through this procedure, he says that in the first place it will be necessary to collect the appropriate package of documents. It includes standard papers that confirm the identity of the debtor. If a citizen has a family, then he must also submit to the authorities the relevant marriage certificates and the necessary documents for the children.
It will also be necessary to prepare SNILS. This document is necessary so that the authorities can confirm the status of an individual entrepreneur, the characteristics of a citizen and other data. A special document is also needed, which will contain information confirming the solvency of the applicant.
Additionally, you need to submit papers in which the amount of debt for certain payments will be indicated.
In addition, you need to make a special statement in which you need to very clearly and in detail tell about the reasons why a citizen of the Russian Federation is not able to make the corresponding payments on loans. As a rule, in the reviews of individuals who went through bankruptcy, it says that you need to take this paper very seriously. Perhaps the court decision will depend on this.
State duty
In addition to presenting the necessary package of documents, you will first need to pay the appropriate contributions to the state. A receipt confirming that the state duty has been paid is also attached to the prepared papers. The good news is that before you had to pay 6 thousand rubles in order to declare bankruptcy. This was a little unfair, since a person who wants to declare his insolvency cannot by default deposit such amounts of money. That is why in 2017 the amount of state duty was revised. Today, reviews of individuals who went through bankruptcy say that now you need to pay only 300 rubles.
Filing a lawsuit
The appropriate paper must be carefully prepared in the presence of a specialist. Therefore, it is better to seek the services of an experienced lawyer. After this, a bankruptcy petition must be submitted to the local arbitration court. It is also necessary to include all the prepared documents referred to above.
After the application of the borrower who does not pay the loan is accepted by the court, he is not entitled to deposit any funds into the credit account. In addition, the borrower is not entitled to manage any assets that previously belonged to him.
Sale of property of debtors
If you study the reviews of individuals, bankruptcy in 2017 cannot be called a profitable procedure. You need to understand that not in any situation the borrower can be completely exempted from payments on loans.
After considering his case in a judicial proceeding, the state body can make a decision according to which the property of the debtor will be sold in favor of the financial organization that issued the loan. After that, experts evaluate the property.
All data is entered in a special document, and the borrower is provided with the most profitable sales plan. However, it must be understood that the individual has the right to challenge this assessment of the specialist. The lender himself can do the same.
After that, all the property of the debtor is sent for auction. If the value of the assets exceeds 100 thousand rubles, then they are sold exclusively in open processes.
What property can not be withdrawn
In the reviews of individuals who went through bankruptcy, it is said that not every thing can be put up for auction as a payment of debt. For example, if a borrower lives in a single apartment or owns a piece of land with a house, which is also his only place of residence, then such a property cannot be sold to a credit company.
Also such things include the necessary household items for individual use, furniture and clothing. Nor can such sanctions be brought against them. Also protected are those items that are necessary for the debtor in his professional activity. This requirement also applies to livestock, which is contained in a suburban area. The same applies to utility rooms, which are required in order to keep livestock in good condition.
The consequences of bankruptcy for an individual
Before you try to relieve yourself of credit obligations in this way, you should think it over several times. It is better to carefully study the reviews of individuals who went through bankruptcy.
The fact is that the consequences of such a procedure can affect the debtor not only in a positive, but also in a negative way. First of all, you need to understand that the consequences of a citizen's financial insolvency adversely affect not only himself, but also the lender, as well as his relatives.
In addition, after this, it will be very difficult for the debtor to get a new loan at a financial institution.
The consequences of bankruptcy for the debtor
In this case, there are a lot of restrictions regarding the debtor. According to reviews of individuals who went through bankruptcy, the borrower can no longer acquire new property or enter into a gratuitous contract. All operations and actions with his property will be carried out exclusively on behalf of the manager.
After the borrower is declared bankrupt, the citizen's bank accounts are completely closed. This means that any finances, salary and other income are completely transferred to the control of the manager. Usually, a special bank account is opened for this. In addition, an individual can no longer manage, block or open new accounts and cards.
Are there any benefits for the debtor
However, the reviews of individuals who went through bankruptcy also mention some relative advantages. First of all, this will affect the debtor's debt, which will no longer be charged penalties.
If the court decides to carry out the restructuring procedure, then in this case the client will be provided with a more convenient schedule for paying off the existing debt. In this case, you do not need to receive any permissions from the bank. The schedule is drawn up exclusively at the request of the client and the court. In addition, already accrued fines and penalties that relate to overdue debt will be frozen.
What consequences await lenders
If we consider the reviews on the bankruptcy of an individual, then it is worth paying attention to the financial organization itself. Of course, for financial institutions that previously issued a loan to a citizen, it is absolutely unprofitable if the court declares it bankrupt.
First of all, it should be borne in mind that in any law there are certain loopholes that some unscrupulous debtors successfully use. They study the requirements in advance and understand in what situations they can get bankruptcy and, accordingly, not pay back the loan at all. That is, they deliberately go into arrears and do not pay their debts, so that in the future the bank made claims exclusively by the judicial authority.
In addition, there is a great likelihood that in court the borrower will be offered too long a period of payment of debt. Moreover, the interest rate on a loan is often significantly reduced.
Also in this case, the bank will not be able to recover interest or penalties, since at the time of the hearing of the case and after the individual is declared bankrupt, all these costs are frozen.
Are there any benefits for lenders
If we talk about the positive aspects, then in this case there are several. Firstly, the bank receives at least some money from the non-payer. If he does not declare himself bankrupt, then in this case the litigation lasts much longer. As a result, the bank may not get anything.
In addition, the bank is more likely to receive a full payment if the borrower's property is sold under the hammer. And lenders are in contact with the financial manager, to whom all the affairs of the borrower are transferred after it is declared insolvent. In this case, it is possible to dispute any dubious transactions that an individual carries out in an attempt to realize his property in an inappropriate way.
How is the insolvency of an individual reflected in tax services
If we talk about inspections of this type, then in this case they act on the same side as banks and other credit organizations. The fact is that in this case, a citizen who has declared bankrupt ceases to pay taxes. As a result, a debt is formed on all transactions, on which quarterly payments are usually made. Accordingly, the tax service suffers in the same way as any lending institution.
Is it possible to avoid negative consequences
To understand this, you need to study the law in detail, the reviews of individuals about bankruptcy and consult with a lawyer.
In fact, getting rid of any disadvantages of recognition of insolvency is quite difficult. However, they can be minimized through the development and diligent implementation of the payment schedule. This will be possible if the court decided to restructure the debtor's debt.
There is also the opportunity to conclude a settlement agreement directly with the financial institution that issued the loan. In this case, bankruptcy proceedings can be avoided.
It is also worth considering that it is impossible to falsify any documents and data in the course of the consideration of a case. This can lead to even more serious consequences.
Based on this, bankruptcy has a lot of advantages, but you should not forget about the disadvantages of this procedure. In any case, it is worth considering everything and making the right decision. In some situations, bankruptcy negatively affects the future life of the debtor.