on July 21, the state Duma approved the draft law on extrajudicial bankruptcy of physical persons Now citizens with a debt of 50 thousand to 500 thousand rubles will be able to write off the debt on the statement of MFC. Procedure the intent of the lawmakers should pass quickly, without court delays and be free to the debtor. The law will come into force on 1 September 2020. Anton Uskov, head of the legal company “Aristocrat”, the arbitration managing Director, explained why the new law will help to get rid of debt is not all.
— Anton Sergeevich, the new law seeks to simplify the procedure of bankruptcy of physical persons That can prevent debtors?
— Indeed, the initiative is good. What is happening today in the economy, increasing the risks of default of credit obligations for many people. Incomes dropped sharply, and in this regard, the simplification of procedures to expedite the bankruptcy process and reduce the workload of the courts. The law States that the statement in the DCP can apply to citizens who have the bailiffs had found a property and for this reason returned the writ to the collector. Namely enforcement proceedings completed in accordance with paragraph 4 of part 1 of article 46 of the Federal law on enforcement proceedings.
But what does it mean in practice? This means that the debtor has already formed a large delay on the credit or more debt. Creditors appealed to the court, the case passed to the court bailiffs service and enforcement proceedings are over. But this fourth item may be a stumbling block.
— what’s wrong with him?
— I Have a lot of experience bailiff, and I can say that in such cases enforcement proceedings almost always ends in paragraph 3 with the wording “impossible to establish the whereabouts of the debtor.” To complete the proceedings under paragraph 4, the bailiff must first send requests to all accounting and registering bodies, sweatom to get to the debtor’s home, which is not so easy, and to make the act that he had nothing at all. And this generally can not be. Kettle, iron, TV, forks, spoons — there will always be something that can seize. But all this is small property officers do not normally describe. So it’s easier to finish the execution of the third paragraph.
— That is, the law essentially doesn’t work?
— Law shall come into force on 1 September, as it will work, time will tell. To the mechanism of court of bankruptcy, in principle, has been started, it is necessary to achieve completion of execution proceedings under paragraph 4. And it depends on the specific debtor and the bailiff. However, even if the production will be completed in the fourth paragraph, and the debtor will be another instituted enforcement proceedings, a statement he will not accept.
Is all the pitfalls of the new law?
— There are still risks. The law confers broad powers on creditors. They can initiate a search of the property, if they consider that the debtor’s holding something back. Or re-transfer the bankruptcy proceedings to the court, if the debtor, for example, underestimated the amount of debt. According to the law on bankruptcy, in case of providing false information about themselves, the property or the loan debt is not written off.
and, of course, this mechanism starts to work after all courts are completed. That is, in fact, the initiator of the bankruptcy was not the debtor.
