Albina Guzairova, lawyer, anti-crisis manager, founder of the Bankrupt Lawyers Union, reminded Rossiyskaya Gazeta what credit relief mobilized by time of service can count on.
The service provider has the right to request the creditor to change the terms of the contract. He can suspend the performance of obligations for a period not exceeding the period of military service, or reduce the amount of payments during the grace period.
This can be done at any time during the term of the contract, but no later than December 31, 2023, and only if this loan has not been previously deferred. This is established in the Federal Law of October 7, 2022 No. 377-FZ (clause 2, article 1).
The grace period extends for the duration of the borrower’s stay in hospitals, hospitals, other medical organizations in stationary conditions for the treatment of injuries (wounds, injuries, bruises) or diseases received during the performance of tasks in the course of a special military operation.
The lender who received the borrower’s application is obliged to consider the specified requirement within a period of no more than 10 days and inform the borrower about the change in the terms of the loan agreement in accordance with the submitted requirement by sending a notice . If the borrower has not received a response from the creditor within 15 days from the day the application is submitted, the grace period is considered established from the day the borrower submits the application to the creditor.
If a citizen moves and can’t meet their loan obligations and other payments, can the sheriffs claim their income or apply other property measures?
Guzairova: The bailiffs suspend the current execution proceedings. This is established in the Federal Law of October 2, 2007 No. 229-FZ (clause 3, article 40).
If creditors and other persons initiate lawsuits against a citizen who participates in the hostilities of the Armed Forces of the Russian Federation, the court is obliged to suspend the proceedings.
Thus, debt collection activities within the framework of enforcement and bankruptcy procedures are suspended for the time of service in accordance with the law.
The citizen himself or his authorized representative can notify the court about the participation of a citizen in hostilities. In this regard, we strongly recommend that he issue a power of attorney with the right to participate in litigation before mobilization.
If a citizen is mobilized, in respect of which bankruptcy proceedings have been initiated and the bidding has been initiated as part of the property sale procedure, will he also be suspended?
Guzairova: In judicial practice, the first bankruptcy cases have appeared in relation to individuals, participants in a special military operation.
In October 2021, the citizen was declared bankrupt and proceedings for the sale of real estate were initiated against him. A citizen’s debt was formed due to non-compliance with the terms of the mortgage contract, and the amount of the debt secured by a pledge in the form of an apartment is 4.4 million rubles.
After the provision on the conditions for the sale of the pledge was presented by decision of the Arbitral Tribunal and the tender for the sale of the debtor’s assets was launched, the citizen was mobilized to participate in a special military operation.
The debtor asked the court to stay the bankruptcy proceedings and to suspend the auction for the sale of the apartment until the end of his military service for mobilization. The court granted the debtor’s request.
Due to the suspension of the case, the relatives of those mobilized can continue living in a mortgaged apartment.