Three categories of credit defaulters according to the Ministry of Economic Development and Trade
The Ministry of Economic Development has developed a mechanism to protect the domestic financial market from mass refusals of payments on consumer loans. The ministry wants to divide the debtors into three groups and provide parts of them the right to judicial protection from creditors.
Sergei Tsygankov, head of the corporate law department of the Ministry of Economic Development and Trade at the Ministry of Economic Development and Trade, told RBC Daily that the ministry is developing a draft law, according to which it is proposed to divide the debtor citizens into three groups depending on their level of welfare. In the first group there will be those debtors who cannot even cover the costs of the bankruptcy procedure itself (according to the preliminary calculations of the ministry, the cost of such a procedure is 100 thousand rubles). The ministry proposes to call such debtors malicious bankrupts, since they actually have a presumption of guilt in committing an offense, that is, the person took a loan, knowing full well that he would never return it.
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Malicious bankrupts will be deprived of the right to debt relief, their property will be sold. At the same time, the Ministry of Economic Development and Trade considers it necessary to allow the sale of a single bankrupt dwelling: a debtor’s apartment can be sold or exchanged for lower cost housing if, for example, more than eighteen square meters of total area falls on each member of his family. The current law prohibits doing this.
The second group includes debtors who have 100 thousand rubles. for bankruptcy proceedings. The bankruptcy proceedings, that is, the sale of property and the distribution of the funds received among creditors, will be applied to these citizens. However, in this case, the law will not allow lenders to foreclose on the apartment in which the debtor and family members live, regardless of its size. In addition, some other types of property, such as household appliances, will not be subject to sale.
According to Sergey Tsygankov, other restrictions on the sale of the debtor’s property are now being discussed. After completion of the bankruptcy proceedings, the debtor’s debts to the bank will be considered repaid, even if the proceeds from the sale of the property are not sufficient to repay the debt in full. “In this case, we consciously stand up to protect the interests of the debtor, believing that the preservation of an active economic agent is more favorable than the multiplication of poverty,” said Sergey Tsygankov.
The last group is proposed to include debtors whose income will allow them to pay all debts within five years. The foreclosure of the property of such borrowers will not be made.
At the same time, debtors who fall into the second and third groups will be subject to a judicial protection mechanism: they will be able to declare themselves bankrupt in court. From the moment the court decision comes into force, the lender will stop charging fines and fines on arrears. The debtors of the first group will be deprived of the right to apply to the court for legal protection from the lender.
"The mechanism of judicial protection of debtor-consumers can actively earn within two to three years after the adoption of the law," Sergey Tsygankov added.
According to Maria Subbotina, Head of Analytical Management of Promsvyazbank, the adoption of a new law on the bankruptcy of citizens is a progressive step, but it will not be a panacea for all ills. “It is necessary to take into account the peculiarities of the Russian legal proceedings, which in the end will not allow to fully launch the debtor protection mechanism against the creditor,” explained Maria Subbotina. “At the same time, the very fact of bankruptcy will force citizens to be more careful in thinking about their family budget.”
Sergei Tsygankov stresses that the work on the draft law on private bankruptcies “has nothing to do with the expectation of a crisis” in the Russian consumer lending market.
Executive Director of MDM-Bank Alex Kantarovich believes that the risk of such a crisis is quite real and it may well occur in the medium term. “For the first time in several years, the ratio of non-payment to the total number of consumer loans has become quite noticeable,” he said. - It is not so noticeable at large banks, but it is already clearly visible in the banks entering the second echelon.
The chief economist of Troika Dialog, Yevgeny Gavrilenkov, is confident that the adoption of a law on the bankruptcy of citizens will certainly become a stabilizing factor for the country's financial market.
According to the Central Bank, as of December 1, 2006, banks provided citizens with loans in the amount of 1,955 billion rubles, and the amount of overdue debt was only 53.6 billion rubles, that is, only 2.7%. The worst ratio of overdue debts to the volume of loans issued to the public - 4.2% - is noted among banks, which in terms of assets take from 6th to 20th place. At the same time, the total equity capital of all credit institutions as of December 1, 2006 amounted to 1,571.3 billion rubles.
Author: Igor PYLAYEV
Source: ClubIB
Sergei Tsygankov, head of the corporate law department of the Ministry of Economic Development and Trade at the Ministry of Economic Development and Trade, told RBC Daily that the ministry is developing a draft law, according to which it is proposed to divide the debtor citizens into three groups depending on their level of welfare. In the first group there will be those debtors who cannot even cover the costs of the bankruptcy procedure itself (according to the preliminary calculations of the ministry, the cost of such a procedure is 100 thousand rubles). The ministry proposes to call such debtors malicious bankrupts, since they actually have a presumption of guilt in committing an offense, that is, the person took a loan, knowing full well that he would never return it.
')
Malicious bankrupts will be deprived of the right to debt relief, their property will be sold. At the same time, the Ministry of Economic Development and Trade considers it necessary to allow the sale of a single bankrupt dwelling: a debtor’s apartment can be sold or exchanged for lower cost housing if, for example, more than eighteen square meters of total area falls on each member of his family. The current law prohibits doing this.
The second group includes debtors who have 100 thousand rubles. for bankruptcy proceedings. The bankruptcy proceedings, that is, the sale of property and the distribution of the funds received among creditors, will be applied to these citizens. However, in this case, the law will not allow lenders to foreclose on the apartment in which the debtor and family members live, regardless of its size. In addition, some other types of property, such as household appliances, will not be subject to sale.
According to Sergey Tsygankov, other restrictions on the sale of the debtor’s property are now being discussed. After completion of the bankruptcy proceedings, the debtor’s debts to the bank will be considered repaid, even if the proceeds from the sale of the property are not sufficient to repay the debt in full. “In this case, we consciously stand up to protect the interests of the debtor, believing that the preservation of an active economic agent is more favorable than the multiplication of poverty,” said Sergey Tsygankov.
The last group is proposed to include debtors whose income will allow them to pay all debts within five years. The foreclosure of the property of such borrowers will not be made.
At the same time, debtors who fall into the second and third groups will be subject to a judicial protection mechanism: they will be able to declare themselves bankrupt in court. From the moment the court decision comes into force, the lender will stop charging fines and fines on arrears. The debtors of the first group will be deprived of the right to apply to the court for legal protection from the lender.
"The mechanism of judicial protection of debtor-consumers can actively earn within two to three years after the adoption of the law," Sergey Tsygankov added.
According to Maria Subbotina, Head of Analytical Management of Promsvyazbank, the adoption of a new law on the bankruptcy of citizens is a progressive step, but it will not be a panacea for all ills. “It is necessary to take into account the peculiarities of the Russian legal proceedings, which in the end will not allow to fully launch the debtor protection mechanism against the creditor,” explained Maria Subbotina. “At the same time, the very fact of bankruptcy will force citizens to be more careful in thinking about their family budget.”
Sergei Tsygankov stresses that the work on the draft law on private bankruptcies “has nothing to do with the expectation of a crisis” in the Russian consumer lending market.
Executive Director of MDM-Bank Alex Kantarovich believes that the risk of such a crisis is quite real and it may well occur in the medium term. “For the first time in several years, the ratio of non-payment to the total number of consumer loans has become quite noticeable,” he said. - It is not so noticeable at large banks, but it is already clearly visible in the banks entering the second echelon.
The chief economist of Troika Dialog, Yevgeny Gavrilenkov, is confident that the adoption of a law on the bankruptcy of citizens will certainly become a stabilizing factor for the country's financial market.
According to the Central Bank, as of December 1, 2006, banks provided citizens with loans in the amount of 1,955 billion rubles, and the amount of overdue debt was only 53.6 billion rubles, that is, only 2.7%. The worst ratio of overdue debts to the volume of loans issued to the public - 4.2% - is noted among banks, which in terms of assets take from 6th to 20th place. At the same time, the total equity capital of all credit institutions as of December 1, 2006 amounted to 1,571.3 billion rubles.
Author: Igor PYLAYEV
Source: ClubIB
Source: https://habr.com/ru/post/3729/
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