Educational program: alimony debts cannot be written off in case of extrajudicial bankruptcy

CrimeaPRESS reports:

Chairman of the executive committee of the Saratov regional branch of the Russian Bar Association Natalya Greshnova said «Rossiyskaya Gazeta»that the new law has significantly expanded the use of out-of-court bankruptcy procedures for citizens. At the same time, she emphasized: not all debts can be written off through extrajudicial bankruptcy. In particular, it is impossible to get rid of alimony debts in this way.

The following debts are not allowed to be written off: those not specified in the application for extrajudicial bankruptcy; arising during the extrajudicial bankruptcy procedure; for compensation for harm caused to life or health, moral damage; for payment of wages and severance pay; for payment of alimony (but they are taken into account in the total amount of debt for filing an application); and some others,” said Natalya Greshnova.

She recalled that on November 3, 2023, changes to the Law “On Insolvency (Bankruptcy)” came into force, which, in particular, expanded the scope when an out-of-court bankruptcy procedure could be applied.

The minimum amount of debt, in the presence of which a citizen has the right to apply for declaring him bankrupt out of court, is reduced from 50 thousand to 25 thousand rubles, and the maximum amount of such debt is increased from 500 thousand to 1 million rubles, says Natalya Greshnova. — The circle of citizens who have the right to apply for bankruptcy out of court has also been expanded. The period after which a citizen has the right to re-file an application for declaring him bankrupt out of court has been reduced to 5 years.

According to her, the extrajudicial bankruptcy procedure takes 6 months. At this time, a person cannot take out new loans and borrowings, issue guarantees, etc.

You can file an application to declare a debtor bankrupt at the MFC.

In fact, the amendments that came into force doubled the corridor for out-of-court bankruptcy, making it more accessible both for people with a low amount of debt and a high one, but not exceeding one million rubles,” said lawyer, partner of Legal Group LLC Vladimir Shalaev.

Crimea news | CrimeaPRESS: latest news and main events