The main advantage of bankruptcy is that debts will be canceled, you can start life from scratch. But there are also disadvantages.
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It will be easier for citizens to get rid of debts by declaring bankruptcy according to a simplified scheme, out of court. Not all, of course, those who have neither money nor property at the expense of which it would be possible to pay the arrears.
The out-of-court scheme assumes that the debtor simply submits an application to declare bankruptcy at the MFC (multifunctional center). It’s free. Amendments that will allow Russians to use such a scheme more actively, the State Duma adopted at the third reading. When the law approves the remaining instances and enters into force, it will be possible to declare bankruptcy without unnecessary bureaucracy if:
– the amount of debt – from 25 thousand to 1 million rubles,
– enforcement proceedings for the recovery of this money are closed (i.e. the court recognized that there is nothing to take from the debtor) or last more than seven years, but without result (bailiffs did not find funds or assets of the debtor at the expense of which it would be possible to pay the debt at least partially),
– if the debtor lives solely on a pension or receives benefits for children or pregnancy, an additional forbearance is granted: he can declare bankruptcy if the enforcement proceedings last more than one year,
– You can apply for a new out-of-court bankruptcy, if you have already used this procedure, after five years.
The main condition for simplified bankruptcy remains the same: the debtor does not have properties that can be sold under the hammer (remember that such property is not considered the only dwelling, if we are not talking about a mortgage). And these aren’t just the stories of this citizen: the sheriffs worked with him. That is, until the creditors have filed a lawsuit against you, you cannot declare bankruptcy.
The main advantage of bankruptcy is that debts will be canceled, you can start life from scratch. But there are also disadvantages. For example, after an out-of-court bankruptcy, it is impossible to open a legal entity (that is, establish an organization) for three years. Although pensioners who are in debt are unlikely to have this even in their thoughts.
The main provisions of the new law will enter into force three months after its official publication.
IN A NOTE
And how it was before the amendments
So far, the conditions for out-of-court bankruptcy are stricter:
– debt from 50 thousand to 500 thousand rubles,
– the debt enforcement proceedings have been closed (i.e. as we have already said, the creditors sued the debtor, but the court recognized that there was nothing to take away from him),
– It is possible to resort again to extrajudicial bankruptcy only after ten years.
According to Fedresurs (this is a portal where, even in a special register, data on bankruptcies are taken into account), in the first half of 2023, a little more than 5 thousand citizens were declared bankrupt in a simplified way. Since September 2020, when this procedure was introduced, there have been about 19 thousand.
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