How to be a person with a credit noose around his neck, which did not fold? In principle, one way out – to get the official status of a bankrupt. It gives a chance for a Scripture or a restructuring of the greater part of excessive debt. However, until recently this procedure was so cumbersome and costly that the debtors have resorted to it rarely. And only now there is a new version of the draft law on extrajudicial bankruptcy of individuals, simplify, according to the authors, to the limit. It is expected that it will deal with just two courts, and the bailiffs and multi-function centers (MFCS). Plus, the service is completely free. However, I remind the respondents “MK” experts, simplicity is sometimes worse than theft: too lightweight, the procedure is fraught with abuse and fraud.
Procedure of personal bankruptcy will benefit borrowers with outstanding obligations from 50 thousand to half a million rubles. The bill of extrajudicial sanctions, originally introduced in the state Duma in September 2019 and adopted in first reading in February 2020, required a serious revision. In fact, it was not viable. At the end of March, President Putin recommended the lower chamber jointly with the government to simplify the document until April 17 to prepare it for the second reading. However, in time to meet failed.
In the new edition, largely through the efforts of the Central Bank, drastically reduced the requirements to a potential bankrupt. In particular, the left one, the enforcement proceedings should be closed because of the absence of the debtor any property. The size and composition requirements does not matter. Now no need to have official status of unemployed, it is not necessary that the income per family member was below the regional subsistence minimum (for three months or more). To the procedure given six months, at this time, stops the recovery from the citizen debt. Previously it was assumed that the service will provide insolvency practitioners, notaries and MFC. And now decided to stay on the police officers and MPs.
Inspire if all this people left without the means to repay the debt – the big question. With proper implementation procedure can be a compromise between the interests of borrowers and lenders, the President of the National Association of professional collection agencies Elman Mehdiyev. However, according to him, the ideal from the point of view of convenience and efficiency it will not name. For example, in the case of MFC it is necessary to envisage the possibility of submitting an application via the Single portal of public services (EPGU) with automatic notification of all creditors.
Mehdiyev recalled that even before the onset of the “coronaries” the number of potential bankrupts among physicallytheir faces were variously estimated from 750 million to 900 thousand people. However, through all the years of the existence of such options have been less than 170 thousand. Almost immediately revealed a “bottleneck” – the cost of arbitration managers. Well, of course, that the process very easy. However, it can appear not only willing to hide assets and then declare themselves bankrupt, but a different kind of “consultants” who will offer services for the care of the debts.
“the Introduction of simplified bankruptcy procedures for those citizens who have passed the Executive production with a small debt – a measure of a justified and overdue, says the Executive Director of the legal Bureau “Padva and Epstein” Anton Babenko. – Immediately after the appearance in 2015 in Russia the relevant rules, it became clear that in court to make it cheap and affordable is impossible. And to prevent the abuse just for this it is necessary to leave the creditors the right to initiate the transition in the judicial process. If they are willing to Fund it”.
remember: if a person filed for bankruptcy (and this is an extreme case), the more credits he can not take the way to the banks he now ordered, says senior analyst of “Finam” Sergey Drozdov. Accordingly, many borrowers will continue at any cost to restructure its debt perekreditovyvatsya in order to maintain access to financial resources. So perhaps Russia is waiting for a boom of bankruptcies among natural persons. On the other hand, it would be really nice to decongest the courts are often burdened with insignificant matters.
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