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Note to Crimeans: extrajudicial bankruptcy of individuals has become more accessible

Note to Crimeans: extrajudicial bankruptcy of individuals has become more accessible

CrimeaPRESS reports:

In accordance with the instructions of the President of the Russian Federation V.V. Putin, Federal law dated August 4, 2023 No. 474-FZ “On amendments to the Federal Law “On Insolvency (Bankruptcy)” and certain legislative acts of the Russian Federation”, amendments were made to the federal law dated October 26, 2002 No. 127-FZ “On insolvency (bankruptcy)” regarding extrajudicial bankruptcy of citizens, which came into force on November 3, 2023.

In accordance with these changes, a free extrajudicial bankruptcy procedure has become available to new categories of citizens, in particular pensioners, recipients of monthly benefits in connection with the birth and upbringing of a child, and citizens in respect of whom collection has been carried out for a long time.

Now a citizen will be able to ask to be declared bankrupt out of court if the debt is at least 25 thousand rubles. and no more than 1 million rubles. Before changes were made to the law, the minimum amount was 50 thousand rubles, the maximum — 500 thousand rubles. Also, the period for re-applying for bankruptcy has been halved — from 10 to 5 years.

A pensioner or those receiving benefits must obtain a certificate about this from the Social Fund. Confirmation of debt collection should be obtained from the place where the creditor submitted the document for execution. This could be the Bailiff Service, the Social Fund, a bank or an employer.

After a person has collected certificates, he needs to fill out a bankruptcy application and submit documents to the MFC in person. Then the usual algorithm of actions of the out-of-court procedure works.

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Also, new categories of citizens whose only income is social payments will be able to begin bankruptcy proceedings a year after the start of forced debt collection, even if the writ of execution is not executed or partially executed

In addition, the legislator provides for the possibility that citizens who have an executive document issued no later than 7 years before the date of application, and which is not executed or partially executed, can apply for bankruptcy out of court.

According to the Ministry of Economic Development of the Russian Federation.

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