If you have nothing to pay for debts, and they grow every day, sooner or later the moment will come when all your lenders begin to contact the courts with the requirement to compensate funds and / or property that you owe them. Why wait inevitable? After all, you can go to court with a statement about recognizing you insolvent yourself.
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The first stage of the procedure is to submit an application to the Arbitration Court of the Russian Federation. Relationships are regulated FZ "On Insolvency (Bankruptcy)" From October 26, 2002, it is necessary to apply documents to the application, confirming the fact that the enterprise, a citizen or an individual entrepreneur is on the grain of ruin and cannot pay for its obligations, for example, the claims of lenders on the execution of contractual obligations, the claims of FTS and other state services, etc. The minimum amount of debt, which can serve as a basis for recognizing a legal entity bankrupt, is 300 thousand rubles., Individual - 10 thousand rubles.
The Arbitration Court appoints a bankruptcy procedure. For individuals, it is held in a simplified version - the representatives of the court are approved for a detailed consideration of the situation, if the citizen really has nothing to pay, creditors oblige to provide the debtor by installments of payment for a period of several years for this period, all the property of the debtor is arrested. For legal entities, a special commission is appointed, then an arbitration or competitive manager (if necessary), which either decides to conduct financial recovery of the organization (if possible) or maintains the entire bankruptcy procedure. Determine how the arbitral goal you treat geographically, you can use official site Arbitration Court of the Russian Federation.
Sale of property. If, according to the results of the investigation, the authorized members of the Commission do not see the ability to restore the financial activities of the Organization, its property is set to auction auction. For individuals, this unpleasant procedure comes in the event that the expired by installments has expired, and the face never started to pay debt. The private facial can not take personal belongings, accommodation, as well as 25 thousand rubles. (If you manage to prove that they are the last). The property of a citizen not included in the competitive mass is regulated st. 205 FZ "On Insolvency (Bankruptcy)".
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The funds received from the sale of the debtor property go to the payment of debts in order of priority stipulated by the legislation of the Russian Federation (first wage debts, then compulsory payments, hereinafter - all others).
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The bankruptcy procedure for legal entities and individual entrepreneurs ends with the termination of financial activities, an exception to the EGRULA, the cancellation of all licenses, certificates and other documents related to the implementation of financial and business activities. An individual, as a rule, becomes the permanent inhabitant of the black list of banks, which means that the right is deprived of the right to take loans until the end of life (with a probability of 99%).
The bankruptcy procedure is the only legal, legally established mechanism for the termination of the obligation to pay debt obligations (in the absence of the possibility of real debt payment).
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