When a person at a venerable age draws up a lot of loans at banks, and there is not enough income to make a mandatory payment, he begins to panic. Of course, it would be wiser to immediately calculate your capabilities. Offered loans easily come and go, but liabilities remain. To get out of this situation, you need to calm down, find lawyers who will help initiate the bankruptcy procedure of a pensioner without property.
What is regulated by law?
Federal Law No. 127, with the help of which they approved the possibility of initiating bankruptcy proceedings regardless of the situation of citizens in society, has undergone many editions, clarifications and changes. The last time it was July 1, 2018. Thanks to chapter 10 added, it became possible to achieve bankruptcy for pensioners without property. They do not specify separately age restrictions; there is a description of the provisions regarding ordinary citizens. Previously, a similar process was available only to legal entities.
Who are the collectors, many borrowers know if they had to meet with them and talk on the phone. To get rid of their importunity, leave a minimum pension and not take more than one debt to repay another loan, you need to seek help from an arbitration court. The state has developed a common effective scheme. Bankruptcy physical persons (pensioners) is sometimes the only opportunity for them to continue life without insults and threats.
Under what conditions can a bankruptcy be filed?
The legislator provided that there are grounds for everyone who is prevented from living by collectors, and there is no money to return money not only in full loan, but also to pay a monthly loan contribution. You will have to prove your bankruptcy by weighty documentary evidence that the bankruptcy of a pensioner without property is really justified.
The application will be accepted in court if the requirements are met:
- the total debt for all facilities exceeds 500,000 rubles;
- the delay is equal to or more than three months;
- a citizen has a temporary or permanent residence on the territory of the Russian Federation;
- there really is nothing to pay.
Once every five years it is allowed to file such petitions if, after bankruptcy, the pensioner is again issued a significant amount.
What is special about debt relief?
Lawyers call the insolvency process a project for wealthy people. Not everyone has the knowledge to fill out an application so that a member of the judicial office will accept it, and put together the correct documentary kit. Even experienced specialists do not hide the enthusiasm when the papers pass without any problems with minor amendments.
For the service of supporting bankruptcy of a pensioner without property and with a single income in the form of social security, it is necessary to find money that will go to pay for the work of lawyers. The debtor should reassure the following. This amount is much less than half a million debt, even if you take into account the payment of state duties. If people of the older generation have property that is untouched by sales in the form of cottages or land plots, you will have to say goodbye to real estate.
If in time to sell and pay for legal services as a result, a large debt amount will disappear. Otherwise, the court or the creditor will take everything to pay off the encumbrance. An ordinary person cannot know all the subtleties of jurisprudence if he himself does not belong to this field, especially if his goal is to get rid of loans. To achieve it, it is worth sacrificing less to get more.
Where to start and how to continue
Based on the law, bankruptcy for pensioners is executed in the following order. At first they turn to a law firm, they will help you fill out an application, get a list of the necessary documentary package. To prepare copies:
- passports
- SNILS
- pension certificate;
- TIN;
- take an extract from the PFR on the assigned pension provision;
- collect all agreements with credit organizations;
- submit requests to each bank with arrears in order to provide written confirmation of financial transactions;
- transmit a list of the availability of real estate registered in the register;
- make a request to the traffic police to confirm that the borrower does not have cars;
- Describe all property providing value.
Lawyers will appoint a financial manager who will:
- conduct business;
- make inquiries;
- complete the package with missing papers;
- send a petition to the judicial office;
- be present in the case;
- comply with the terms of the first arbitration award;
- will send to the media a citizen insolvency announcement.
Bankruptcy of a pensioner (court practice has proven) - this is a very real thing.
Current expenses
For the work of a law firm, expenses are expected to be within the range of 120,000 rubles.
If the borrower himself decided to engage in such a procedure, he needs to pay:
- state duty;
- work of the arbitration manager;
- publication on the bankruptcy list.
On average, costs will require about 40,000 rubles.
At the time of the trial, you need to hand over all cards to block - both debit and credit. Getting a pension should be transferred to the post office. After a court ruling, you can again draw up state security on a social card.
What property will be retained by law?
Can a pensioner file for bankruptcy? Yes, at any time, if he has accumulated enough to initiate insolvency proceedings. Moreover, the last payment was three months ago.
In the inventory of property that must be sold and pay off the debt does not include:
- the only housing (if this is a house - do not seize the land on which it is built);
- clothes, shoes;
- hygiene products;
- household appliances, furniture;
- equipment not exceeding 30,000 rubles in value;
- household items;
- farm animals.
Home improvement, if it is of no value, the old and dilapidated will remain its owner. A pensioner who has cottages, villas, airplanes and a car park will be sold exactly as much as is necessary to pay off debts. Surplus will be returned.
What are the consequences of bankruptcy?
As soon as the judge reads out the verdict on recognition of bankruptcy, the debts will be written off:
- tax;
- communal;
- credit.
Insolvency gives the right to refuse compensation for damage after an accident in an accident, but will not save on payments:
- child support;
- for moral damage;
- for criminal offenses.
The pension will be left within the subsistence level established by the authorities of the region. A citizen may appeal the decision pending a final court order. You need to provide evidence of your illness or the presence of dependents, then the judge will determine the payment of pensions in the amount prescribed by the state. The whole process will take no more than nine months, but during this time unwanted calls and constant claims for loan repayments will stop.