Bankruptcy of an individual.
Yesterday, the Council on the Codification of Civil Legislation under the President of the Russian Federation considered the draft law of the Ministry of Economic Development, which allowed bankrupt citizens. There are rules for this in the bankruptcy law for a long time, but they are frozen until the relevant amendments are made to the Civil Code. The project of the Ministry of Economic Development and Trade of the Code provides for changes in the code, but for successful completion of the project, a positive opinion of the Council on codification, an expert body that is mandatory in such cases, is necessary.
The experts supported the need to unfreeze the rules of citizen bankruptcy, but the concept of bankruptcy caused a discussion. The draft Ministry of Economic Development and Trade suggests not only introducing the chapter of the bankruptcy law concerning citizens, but also significantly changing the rules. They should become more liberal and allow citizens unable to pay off debts of more than 10 thousand rubles. immediately, get installments for five years. At the same time the ministry proposes to exclude from the bankruptcy estate many types of property: it will be not only the only unencumbered apartment, inviolable now, but also, for example, land plots. In addition, the bankruptcy procedure will not be able to be conducted by a bailiff, as envisaged by the current bankruptcy law, but by the bankruptcy trustee, in the role of which a citizen himself will be entitled to act.
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At yesterday’s meeting, representatives of the Ministry of Economic Development and Trade explained this concept with a desire to “positively influence market demand”, as well as foreign experience. The Deputy Chairman of the Supreme Arbitration Court Vasily Vitryansky, however, immediately suggested that the adoption of such a bill would provoke citizens to apply to the arbitration courts more often with statements of their own bankruptcy. “In the United States, where a similar liberal model operates, specialized bankruptcy courts annually examine more than 1 million citizens' bankruptcy cases,” the expert said. “At the same time, applications are filed mainly by those citizens who have regular income.”
The rules contained in the current bankruptcy law are stricter: the court will arrest the property of a citizen immediately, three months will be given for debt restructuring, after which the court will declare the citizen bankrupt and the bailiff will be able to start selling the property. “According to these rules, citizens themselves will not go to court,” Mr. Vitryansky is sure.
The recently published statistics of the Bank of Russia on the 30 largest banks as of January 1, 2007 showed that over the year, the overdue debt of citizens to banks increased more than threefold, reaching almost 33 billion rubles. According to members of the codification council, bankruptcy will be more profitable for citizens under a draft ministry of economic development than suing a loan to return them: the bailiff will be able to enforce the customary execution sheet, including on the ground. The liberality of the bankruptcy procedure will lead to the fact that the number of arbitration courts will have to be increased two to three times. “The US economy allows such social assistance, but is our economy ready for this?” Asked Veniamin Yakovlev, presidential adviser on legal issues.
Opinions about the initiative of the Ministry of Economic Development and Trade were divided among market participants. “I am a supporter of a liberal approach,” said Garegin Tosunyan, President of the Association of Russian Banks. According to him, now the non-payment of credit is considered almost heroism and to immediately introduce tough rules in such a situation is “inefficient and unrealistic.” “It is necessary to give the borrower the opportunity to restructure debts, while the main thing should be the inevitability of the fulfillment of the obligation,” Mr. Tosunyan is sure. Arbitration manager Alexander Kolesnikov, however, believes that under the project of the Ministry of Economic Development and Trade, “the sense of bankruptcy will only be that the debtor is cleared of creditors' claims”. “Without real estate, there will be nothing left in the competitive mass,” explains the expert. “And with respect to himself, the citizen will not conduct the procedure in good faith.”
“Rigidity is needed in the coming years - the American model works when the borrower's reputation plays a decisive role in the market and he himself feels its value. We are just creating such a model, ”says Ivan Rozinsky, a member of the board of the International Moscow Bank. And according to the chairman of the Supreme Court of Arbitration, Anton Ivanov, the American system of citizen bankruptcy is also criticized in the United States: “It does not facilitate the discharge of obligations to creditors by citizens, so the requirements are tightened.”
Source: Dengin.ru
The experts supported the need to unfreeze the rules of citizen bankruptcy, but the concept of bankruptcy caused a discussion. The draft Ministry of Economic Development and Trade suggests not only introducing the chapter of the bankruptcy law concerning citizens, but also significantly changing the rules. They should become more liberal and allow citizens unable to pay off debts of more than 10 thousand rubles. immediately, get installments for five years. At the same time the ministry proposes to exclude from the bankruptcy estate many types of property: it will be not only the only unencumbered apartment, inviolable now, but also, for example, land plots. In addition, the bankruptcy procedure will not be able to be conducted by a bailiff, as envisaged by the current bankruptcy law, but by the bankruptcy trustee, in the role of which a citizen himself will be entitled to act.
')
At yesterday’s meeting, representatives of the Ministry of Economic Development and Trade explained this concept with a desire to “positively influence market demand”, as well as foreign experience. The Deputy Chairman of the Supreme Arbitration Court Vasily Vitryansky, however, immediately suggested that the adoption of such a bill would provoke citizens to apply to the arbitration courts more often with statements of their own bankruptcy. “In the United States, where a similar liberal model operates, specialized bankruptcy courts annually examine more than 1 million citizens' bankruptcy cases,” the expert said. “At the same time, applications are filed mainly by those citizens who have regular income.”
The rules contained in the current bankruptcy law are stricter: the court will arrest the property of a citizen immediately, three months will be given for debt restructuring, after which the court will declare the citizen bankrupt and the bailiff will be able to start selling the property. “According to these rules, citizens themselves will not go to court,” Mr. Vitryansky is sure.
The recently published statistics of the Bank of Russia on the 30 largest banks as of January 1, 2007 showed that over the year, the overdue debt of citizens to banks increased more than threefold, reaching almost 33 billion rubles. According to members of the codification council, bankruptcy will be more profitable for citizens under a draft ministry of economic development than suing a loan to return them: the bailiff will be able to enforce the customary execution sheet, including on the ground. The liberality of the bankruptcy procedure will lead to the fact that the number of arbitration courts will have to be increased two to three times. “The US economy allows such social assistance, but is our economy ready for this?” Asked Veniamin Yakovlev, presidential adviser on legal issues.
Opinions about the initiative of the Ministry of Economic Development and Trade were divided among market participants. “I am a supporter of a liberal approach,” said Garegin Tosunyan, President of the Association of Russian Banks. According to him, now the non-payment of credit is considered almost heroism and to immediately introduce tough rules in such a situation is “inefficient and unrealistic.” “It is necessary to give the borrower the opportunity to restructure debts, while the main thing should be the inevitability of the fulfillment of the obligation,” Mr. Tosunyan is sure. Arbitration manager Alexander Kolesnikov, however, believes that under the project of the Ministry of Economic Development and Trade, “the sense of bankruptcy will only be that the debtor is cleared of creditors' claims”. “Without real estate, there will be nothing left in the competitive mass,” explains the expert. “And with respect to himself, the citizen will not conduct the procedure in good faith.”
“Rigidity is needed in the coming years - the American model works when the borrower's reputation plays a decisive role in the market and he himself feels its value. We are just creating such a model, ”says Ivan Rozinsky, a member of the board of the International Moscow Bank. And according to the chairman of the Supreme Court of Arbitration, Anton Ivanov, the American system of citizen bankruptcy is also criticized in the United States: “It does not facilitate the discharge of obligations to creditors by citizens, so the requirements are tightened.”
Source: Dengin.ru
Source: https://habr.com/ru/post/3482/
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