A sample application for declaring a citizen bankrupt is necessary for people who understand that they are no longer able to get out of the debt hole. Consider the requirements of the law to the application, what documents are required, the consequences of a court declaring bankruptcy and some nuances of the judicial procedure.
Normative regulation
It will turn out to use the sample application for declaring a citizen bankrupt, taking into account several sources of information:
- AIC - regulating the consideration of applications and claims filed in court.
- The Bankruptcy Law is an extensive document that simultaneously describes the procedure for citizens and legal entities, and contains a number of procedural rules.
- Clarifications of the Supreme Court regarding the application of the above standards.
The opinion of the highest court is expressed in general documents (Decisions of the Plenums) and is specified in the reviews of practice and judicial acts adopted in the process of supervisory review.
Decision Maker
A sample application for declaring a citizen bankrupt is proposed taking into account the powers of the arbitration court. After a lengthy dispute, amendments were passed imposing the consideration of this category of cases by arbitration courts. General courts do not accept applications of this kind. Given the remoteness of the location of the institutions, it is proposed to use the judicial presence or the Arbiter electronic system to submit documents.
Going to court
In the sample application for declaring a citizen bankrupt, the debtor, the Federal Tax Service, and creditors are listed as applicants. If the case is opened by one of them, other interested parties are already joining the process. The simultaneous opening of several cases in relation to one debtor is not allowed.
Initiation of bankruptcy proceedings against citizens is permitted subject to a debt of 500 thousand rubles, for which obligations or for which are not performed within 3 months. The deadline is calculated from the moment of the date of proper execution, unless otherwise specified in the legislation.
The law imposes an obligation on the debtor to independently apply to the court if insolvency becomes apparent. It consists in the impossibility of timely and full satisfaction of creditors' requirements in accordance with the terms of contracts and provisions of the law (the obligation to make payments to the budget and non-budget funds).
Features of the application on behalf of the debtor
It is submitted in accordance with the general requirements of the agro-industrial complex in written or electronic form.
The following information is required:
- name of the arbitral tribunal;
- debtor (F. I. O., place of residence, contacts);
- TIN of the debtor;
- in case of bankruptcy person - entrepreneur indicated registration number;
- F. I. O., place of residence of the creditor, name of organization, location, if the creditor is an organization;
- a list of debts indicating the amounts that the applicant does not dispute;
- a list of debts in connection with harm to the life and health of the employee, if the applicant is an individual entrepreneur;
- amount of debt on obligatory payments (taxes, payments to the budget);
- reasons excluding the possibility of paying debts (lack of funds or property);
- information on lawsuits filed against the debtor, decisions of the courts, ongoing enforcement proceedings, already taken against him;
- information about the property of the debtor and its value;
- information about the debt to the debtor of third parties;
- in case of bankruptcy persons are obliged by law to list all obligations that are not related to entrepreneurship (for example, to pay child support);
- information about open accounts in banks and credit organizations;
- name and address of SRO, whose representative provides bankruptcy proceedings;
- list of copies of attached documents;
- signature and filing date.
All information referred to in the application is confirmed by documents.
Additional points
An application to the court for declaring a citizen bankrupt with certified copies of documents is sent to all creditors indicated in the lawsuit. The court registry will check whether there is a notice of delivery and an inventory of the attachment as evidence of the sending of copies by the debtor. Citizens are required to pay a fee of 300 rubles.
Now let's talk about the documents attached to the lawsuit:
- the size of the price of property is recorded in the report of the appraiser;
- information about debts should be systematized with the help of an accountant;
- lists of creditors are attached, indicating their surnames, names and patronymics, places of residence;
- inventory of property;
- copies of certificate of ownership of real estate;
- papers confirming the fact of transactions with property within 3 years prior to going to court;
- extract from the list of shareholders or participants of a legal entity, if the debtor is a shareholder or participant;
- copy of marriage certificate, marriage contract;
- copy of the birth certificate of the child;
- copy of the judicial act on the division of the common property of the spouses.
Consequences of declaring a citizen bankrupt
The law lists the restrictions imposed on a person who has gone through bankruptcy proceedings:
- Filing applications for a loan or loan within 5 years after the completion of the sale of property, is obliged to indicate the fact of bankruptcy;
- within 5 years after the completion of the bankruptcy procedure, the debtor is prohibited from re-filing a similar claim with the court;
- Filing an application for declaring a citizen bankrupt within 5 years after the completion of proceedings is allowed to the bankruptcy creditor;
- exemption from claims, with the exception of personal obligations (alimony) or harm to life and health;
- within 3 years after the completion of bankruptcy, it is forbidden to take part in the management (including by acquiring shares) of legal entities;
- in the case of credit organizations, the ban is valid for 10 years;
- in the case of insurance companies, private pension funds, investment funds, microcredit organizations, the ban is valid for 5 years.
Are debts always written off?
Exemption from obligations not paid due to insufficient property is canceled if illegal or dishonest actions by the debtor took place (concealment of property, obligations, provision of false information).
The consequence of declaring a citizen bankrupt is also valid after the end of the trial.
If the application is not submitted by the debtor
As stated above, a bankruptcy creditor or a tax authority is entitled to apply. Consider what the law says in this regard. A statement of claim for declaring a citizen bankrupt by them is filed in the presence of a judicial enforcement act that has entered into force. Exceptions relate to the recognition of claims recognized by the debtor, or claims:
- on obligatory payments;
- protest of a bill of default;
- on notarial transactions;
- under loan agreements;
- on alimony without a dispute about paternity and involvement of other persons.
15 days before applying to the court, a notice of intent is published in the register on the facts of the activities of legal entities (if the debtor has the status of IP).
Features of the claim on behalf of the bankruptcy trustee or authority
A lawsuit filed on their behalf is not so complicated. It is required to indicate a self-regulatory organization, the member of which is proposed to choose as a financial manager, creditors and debtor. The applicant shall attach an extract from the register confirming the status of the individual entrepreneur or his absence from the debtor.
Debtor Recall
The debtor provides feedback, and legislative acts contain the following provisions in this regard:
- objections to the validity of the requirements;
- total debt to creditors, government, employees;
- information about accounts with banks and other credit organizations;
- information on enforcement proceedings;
- inventory of property, including pledged property, indicating information about the pledge holder, in accordance with the approved form;
- income information 3 years prior to filing a lawsuit;
- account balances with banks, credit and financial organizations.
The rest of the review lists copies of the attached documents. Then put the signature and filing date. The submission is provided by the debtor or his representative by proxy. State duty is not paid.
Bankruptcy Judicial Acts
The final judicial act is issued in the form of a decision. Also, the decision may be changed by definition, for example, in terms of establishing the time allotted for the sale of the property of the debtor. The court is also entitled at the request of interested parties to restore the right to claim obligations due to dishonest actions of the debtor.
The court ruling on declaring a citizen bankrupt is made for approval of a settlement agreement. Its conclusion is allowed at all stages of production (for example, bankruptcy proceedings, financial recovery, external management). At each stage, its signing is due to a number of features, but there are general provisions.
Some features of a settlement
It is accepted by the court subject to payment of debts to the state, employees and those who have the right to compensation for harm to life and health.
The following are attached to the application to the court:
- text of the agreement;
- list of creditors;
- a list of persons who may have claims, but for some reason did not report them;
- register of requirements;
- protocol of the meeting of creditors on the decision to conclude an agreement.
The court has the right, but is not obliged to refuse to accept the agreement, if the representative of the creditor, providing consent, exceeded the authority, of which the debtor was aware. This fact does not matter if the actions of the representative could not have a significant impact on decision-making by the meeting of creditors.
Thus, the process of declaring a debtor citizen bankrupt can also be completed by agreement, without significant court intervention.