Write-off of debts in case of bankruptcy of individuals. Taxes in case of bankruptcy of an individual, as well as what is not yet deducted in case of bankruptcy

It is widely believed that only people who are not capable of planning can drive themselves into a deep debt hole. But in reality, none of us is immune from such situations. And the most common at first glance consumer credit can bring a lot of trouble if, due to the unstable situation in the country, the borrower loses his job, and, accordingly, his livelihood. Lack of money entails late payments, an increase in interest, and then the transfer of personal data to collectors, who, in an effort to get money, can turn both the life of the borrower and the lives of people close to him into hell. But what if there were several loans, and even in different banks?

The bankruptcy of an individual is this moment the only way to completely write off the borrower's debts, regardless of the number of creditors available.

Of course, if the amount of debt is small, there is only one loan, and the borrower does not avoid responsibility, the bank can meet halfway and revise the terms of the loan. If you are unable to make payments, the amount of debt exceeds 500 thousand rubles, and there are several creditors, you should think about writing off debts through bankruptcy. Yes, in the next five years it will be difficult for you to get a new loan, but you will not have any previous debts either.

The bankruptcy procedure is a complex process that requires special attention to detail, so it must be carried out under the supervision of professionals in their field. From the first contact to the office of the company and until the issuance judgment your case will be assigned to a specialist responsible for consultations, information, collection of documents and their subsequent submission to the court. But behind each assigned specialist is a close-knit team of twenty-six experts who have won more than fifty thousand cases against dozens of banks and hundreds of credit institutions.

Your debts can be written off. And your debts WILL be written off.

Still not sure if bankruptcy is right for you? Get free consultation from one of our specialists right now!

Bankruptcy is called financial insolvency, officially recognized by authorized state bodies. Namely: the inability to satisfy the credit requirements of borrowers or fulfill obligations to the state to pay mandatory payments. In addition, this term implies a procedure aimed at assessing and then taking measures to improve the financial condition of the debtor. The procedure for recognizing financial insolvency (bankruptcy) can be applied to both individuals and legal entities- citizens or companies.

Since October 1, 2015, certain amendments have been made to the relevant bill, and at present the procedure is available to almost all individuals.

Many citizens of our country are confident that the recognition of their financial insolvency and inability to pay their bills will relieve them of obligations and write off all existing debts. However, you should know that this alluring opportunity has many nuances and pitfalls that you need to be familiar with at least superficially.

The whole process, from the collection of documents to the long-awaited result, is quite complicated and insidious from a legal point of view. Therefore, it is recommended to write off debts under the strict supervision of a professional who has significant work experience and a large percentage of similar cases won. Bankruptcy is a rather lengthy process.

Bankruptcy: pros and cons of the procedure

Drowning in a financial swamp without the right to salvation is not a pleasant pleasure. The reasons for the crisis can be very different: from jumps in the European and American currencies to job cuts. The heavy burden of responsibility for existing debts does not allow such citizens to live a full life, forces them to hide official income and limit their rare rest. In some situations, the only right exit will begin to recognize its insolvency financially, officially declaring bankruptcy.

Of course, it is not recommended to start such an event on your own. But to get acquainted with the main subtleties and features is simply necessary.

Before declaring yourself financially insolvent, it is worth considering all the advantages and disadvantages of this event. Bankruptcy of an individual will be the best solution if you have loans from several banks or loans from several MFIs, and the unstable situation in the country or layoffs have significantly reduced your income.

There may be another option: the amount of debt is not very large, and only one creditor / bank manages all the money. In this case, lawyers do not advise starting a long “bankruptcy” procedure: it is much easier to independently agree with the bank on the processing of lending conditions. This will help you save a significant amount of time, effort and additional funds. Having carried out a quick restructuring of debts, you will be relieved of the restrictions and dependencies that bankruptcy imposes.

According to the bankers themselves, this law allows borrowers to most painlessly solve the problem of overdue debt, draw up a competent restructuring plan and eventually recover as a solvent citizen. For creditors, the official bankruptcy of a client guarantees the return of funds according to the most acceptable scheme for the debtor. In this case, both parties win.

How to become bankrupt?

The bankruptcy procedure for individuals is carried out if the following conditions are met:

a citizen has a debt of more than 500,000 rubles;
the debt is overdue by more than 3 months;
subsequent insolvency (lack of a living wage after meeting monthly loan obligations).

If all conditions are met, an individual or his creditors may apply to the arbitration court. Anticipating the inevitability of ruin, a citizen has the opportunity to provide documents without having debts to creditors, being ahead of the curve. The establishment of insolvency presupposes the presence of a financial manager on the part of the debtor.

After receiving the application, the court checks the availability of all documents required by law. If the required documents are not available, the application will be left without movement until it is supplemented with documents.

If all documents are available, a court session is scheduled. There are two possible outcomes:

at the court session, a ruling is issued to recognize the application as justified and to introduce a restructuring procedure;
at a court session, a decision is made to declare a citizen bankrupt and the introduction of a procedure for the sale of property.

In essence, restructuring is the preparation of an adequate payment schedule, taking into account the needs and capabilities of an individual and his dependents.

During the process of writing off debts, certain prohibitions will be imposed on the borrower:

for the purchase of shares and shares in authorized capital;
to make gratuitous transactions;
for the purchase or sale of any property worth more than 500,000 rubles;
for obtaining and issuing loans.

For some reason, the court may refute the bankruptcy and cancel the start of the process. Recognition of the material collapse of a citizen is prohibited if:

there is a criminal or administrative liability for fictitious ruin or other illegal actions;
missing Required documents or incorrect information is provided;
fraudulent lending activities.

In addition, the procedure will not help you get rid of debts for the payment of alimony, compensation for harm to health or moral damage.

In a positive outcome, according to the Legislation, the debtor will have the right to legally write off debts.

Who is a financial manager?

As mentioned above, the consideration of financial insolvency cases requires the presence of a manager - a person who fully supervises and controls the entire process and bears great responsibility. Among the main tasks of this key figure are the following:

approval of the debt restructuring plan at the meeting of creditors;
communication with representatives of credit institutions;
analysis of bankrupt opportunities;
detection of fraudulent intentions and fictitious ruin;
collection of information about complete list own property of an individual;
cancellation of transactions made over the past 3 years, if the interests of creditors are infringed;
submission of reports to the court;
publication of the necessary information in the Unified Federal Register and printed publications;
control over the fulfillment of obligations specified in the restructuring plan;
account management, blocking credit cards debtor;
appraisal and sale of property.

The services of a financial manager are paid in the amount of 25,000 rubles, as well as an additional rate of 7% of satisfied creditors' claims (in the event of debt restructuring) or of the final proceeds from the sale of the debtor's property.

Bankruptcy: inevitable consequences

In addition to all the positive aspects, bankruptcy involves a number of specific consequences that may affect the future conduct of your business. The main condition that you need to know is the inability to repeat the procedure in less than 5 years.

For 5 years, a citizen is required to constantly mention the fact of his past financial fiasco when signing contracts related to loans and credits. Also, a person declared bankrupt does not have the right to participate in the management of companies, holding leadership positions, for 3 years.

Thus, bankruptcy leaves a certain imprint on the reputation of a citizen, which may adversely affect his business in the future. Bankruptcy is an ideal opportunity for an individual to get rid of credit oppression in the most legal way. This process is designed to help law-abiding persons get out of the financial hole, solve problems with creditors as much as possible and save face even in a difficult situation.

Do not forget that bankruptcy is not a free service. You will be required to pay for the work of the financial manager, publications in print media, government fees and postage, as well as additional bills.

Need for professional help

As practice shows, it is legal to write off debts and start life with clean slate quite possible. If you are confident in the correctness of your act, the literacy of documents and the professionalism of a lawyer, there is nothing to worry about. “Bankruptcy” sounds scary enough, but in fact, this procedure will help you solve many problems at minimal cost.

Debt cancellation involves great amount the amount of time spent, the plethora of paperwork required, and the importance of attending court hearings. Professional lawyers do not recommend starting this procedure on your own, since bankruptcy is a rather laborious process that requires qualified knowledge of all the nuances and pitfalls.

Specialists of the Federal Law Company "Freedom from Credits" will provide you with the most effective and efficient assistance and give you a chance to return to your usual life without debts. You can contact us by phone in your city or by using the electronic application form on the website. We will tell you everything about the beginning, implementation and completion of the "bankruptcy" process and help you get rid of the piled up difficulties!

Let's live honestly and without fear!

Debt cancellation- what borrowers who drowned in a debt swamp dream of, because some of them will not have enough life to pay off their debts. And each borrower has his own tear-jerking story of unsustainable debt. Someone has unsustainable debts left after a failed business. Someone had a decent income and large loans, and then laid off at work. Someone was hit hard by foreign currency loans due to the sharp rise in the dollar in 2014-2015. There are a lot of different situations, as well as people with "eternal debts".

Often people who are mired in large debts go into the shadows: they do not strive for large official incomes, since bailiffs keep 50% of it. They do not go on vacation abroad, because they have travel restrictions from bailiffs. On the shoulders hangs a heavy burden of responsibility for debts. Bankruptcy is primarily intended to help remove an unbearable burden, "writing off debts." We take the phrase “write off debts” in quotation marks, since legally in the law this procedure has a different name, which is difficult for the average reader.

How to write off debts on loans?

“Debt write-off” is currently possible only through bankruptcy, and all other advertising calls “Let's write off debts!” are not supported by law. All they call for is “bring us money, and then we’ll see: maybe the bank will miss and will not be able to demand compulsory payment in court, or the bank will not re-submit a writ of execution to the bailiffs, after it is returned “for impossibility of collection” (for more details, see articles and). While other companies promise to write off their debts, we actually do (see our personal bankruptcy cases won)!

Write off debt legally

Several thousand residents of our country wrote off debts on loans through the bankruptcy procedure of an individual. Debt write-off occurs after successful completion. Moreover, the very procedure for the sale of property in bankruptcy is not as terrible as its name, especially if your debt is already at the stage of enforcement proceedings and the bailiff came to you to inventory the property. But thoughtless "debt cancellation" could give rise to massive fraud: he got loans, then wrote off through bankruptcy. Therefore, the legislator added a number of conditions under which debts will not be “written off” if a bankrupt:

brought to administrative or criminal liability for illegal actions in bankruptcy, deliberate or fictitious bankruptcy;
did not provide documents or distorted information provided or to the court in a bankruptcy case;
committed fraudulent activities while obtaining loans.

For mortgage borrowers in the company "Dolgam. No" there is a special offer, find out the details on the toll-free number: 8 800 333 89 13. The sooner you file for bankruptcy, the sooner the "debt nightmare" will end and the bailiffs' visits will stop. "Write off" your debts according to the letter of the law!

Those interested in bankruptcy have probably already read more than a dozen materials on the topic. They first wrote about what the bankruptcy law would be, then how it should work and how the debt should be written off, then what changes would be made. Then there were collections of dry statistics and conflicting comments from lawyers.

The main problem with all these materials is that they are not about people. They do not have a protagonist-debtor. Therefore, when reading such articles, many do not understand whether this is about them. Statistics and general considerations do not give an understanding of whether there is a chance for debt cancellation in their case.

Below we will talk about the bankruptcy of an individual using a specific example, the story of one debtor. This is not a fictional person and collective image. Here is a link to the bankruptcy case: А56-7708/2016

Meet Elena Shevchuk.

How debt appeared

Elena is an aspiring entrepreneur. In 2014, she realized an old dream - she opened a beauty salon.

Serious investments were required. It was necessary to rent a room, make repairs, order equipment and purchase Consumables, attract hairdressers and makeup artists, invest in advertising. For these purposes, Elena took 5 consumer loans in the amount of 5.4 million rubles.

Most aspiring entrepreneurs make a lot of mistakes before they succeed. Elena is no exception. Her salon turned out to be in an unfortunate location, and the accumulated client base was not enough to recoup the costs. All the modest proceeds had to be put into advertising.

As a result, after 8 months of work, the salon had to be closed. There were 5.1 million unsustainable debts on loans, penalties and fines were constantly growing, and angry calls from banks began. Then the debts were transferred to collectors: threats began to arrive, calls to friends and relatives.

In addition, the partners with whom Elena opened a business “washed their hands”. The entire credit burden fell on her alone. Due to inexperience, Elena issued loans only for herself.

It was impossible to pay the remaining debts alone. After the incident, Elena began to have health problems that did not even allow her to get a job. Treatment was required.

By October 2015, the following picture was obtained:

Debt - 5.1 million rubles
Delay in payments - 4 months
Daily growth of debt due to interest, penalties and other penalties
Constant calls and threats from collectors
Serious health problems
No source of income

How to start solving problems

When Elena contacted us, the situation seemed hopeless to her. She did not know well what bankruptcy of individuals was and did not fully understand whether this would help in any way in her case. And she did not even hope for a complete write-off of debts.

After consulting with Elena, we immediately realized that the only way to solve her problems is bankruptcy. It was October 9, 2015, and the bankruptcy of an individual became possible from October 1, 2015. Had she had the same problems a year earlier, everything would have been much more complicated.

After the consultation, we set about preparing for the procedure. An analysis of her credit documents and the current situation with income allowed us to hope for a favorable outcome of the case in court - the cancellation of debts.

Elena's situation from a legal point of view looked like this:

Amount of debt: 5,067,170 rubles
Amount of overdue debt: 745,609 rubles - According to the law, it must be more than 500,000 rubles
Payments overdue by 4 months - By law, a delay of 3 months is required
Of the property, only the only apartment - Not withdrawn by law
A documented decrease in income to its complete absence - A sign of bankruptcy
At the time of obtaining the loan, there was a source of income - Evidence of the unintentional bankruptcy
Is not officially married - There will be no problems with the sale of jointly acquired property.
There were no property transactions in the last 3 years - There will be no review of transactions

How was the bankruptcy

We started with the collection of documents:

In writing, they asked creditors to provide certificates of overdue debts. We did this by certified mail with acknowledgment of receipt so that no one ignored the requests. Banks respond to them.
Collected loan agreements for all loans. Fortunately, Elena had them all on hand and did not have to ask again.
Lawyers compiled the forms required for bankruptcy: Inventory of property and List of creditors and debtors of a citizen
We requested extracts from the traffic police on the presence / absence of vehicles and from Rosreestr on the presence / absence of real estate and transactions with it.
Attached are Elena's tax returns and 2NDFL certificates for the last 3 years.
They asked for account statements for the last 3 years in banks where Elena had accounts and deposits. Including on the account of an individual entrepreneur.
They asked the state employment service for a decision to recognize Elena as unemployed.
Attached copies of the TIN, SNILS, documents on the conclusion and dissolution of marriage, a birth certificate of a child, a certificate of the status of an individual pension account.
Copies of medical certificates confirming health problems.
And last of all, they requested a certificate of the presence / absence of IP status. It is valid for 5 days only. By the time the documents were collected, Elena closed the IP on our recommendation.

After they made an application and, together with the collected package of documents, filed it with the Arbitration Court.

Within three months, the court considered the application. But left him motionless. The reason was that there were not enough funds in Elena's accounts to pay for the publications needed in case of bankruptcy.

The judge appointed the next meeting in a month and during this time we eliminated the cause. On March 21, 2016, the court recognized the application as justified and began bankruptcy proceedings.

At this stage, we have done two more important actions:

1 - conducted explanatory conversations with collectors and collection services of banks. They stopped bothering Elena.

2 - notified the creditors in writing that Elena was going into bankruptcy. This is a requirement of the law.

The arbitration manager has prepared a report

On April 29, 2016, the court considered the report of the arbitration manager on the financial situation of Elena. Based on the results of the consideration, the court decided to introduce a procedure for the sale of property. Since Elena had no official income, the judge skipped the first bankruptcy procedure - debt restructuring.

Inclusion of creditors in the register

From June 1, creditors began to be included in the register of claims - to declare their financial claims against a bankrupt debtor.

Compiled and maintained a register of claims by our arbitration manager. the main task at this stage - to monitor the legality of the requirements of the banks.

Completion of the sale of property

Elena had only one apartment from her property. According to the law, it cannot be withdrawn for sale.

Elena's other smaller property was also not suitable for sale. We have already written in detail what can be withdrawn in the bankruptcy procedure. Please read this material carefully.

Debt cancellation

Before the write-off, the court reviewed another report from our financial manager. And on the basis of this report made a decision.

Having not found property for sale and given Elena's lack of income, the court wrote off the debt. This happened on December 26, 2016.

We have listed only the main events in the Elena bankruptcy case, and deliberately did not describe the bankruptcy procedure in detail in this article. It's already been done.

Why did the court write off the debt

Debts were written off for the following reasons:

Elena was eligible for bankruptcy (overdue debt of more than 500,000 rubles, overdue for more than 3 months)
Based on the reports of the financial manager, the court considered that she was a bona fide debtor and the bankruptcy was not intentional
The reasons for financial insolvency are obvious, for which Elena did not pay loans
The financial situation did not allow restructuring or concluding a settlement agreement with creditors

Elena's bankruptcy from the moment of the first consultation to the issuance of a ruling on the cancellation of debts lasted 14 months. For the St. Petersburg Arbitration Court, this is relatively fast.

Now Elena lives full life. After going through the bankruptcy procedure, she no longer pays anyone for unsustainable debts. It became better with health, got a job, makes plans for the future.

Elena never gave up on her dream. Still plans to open a beauty salon. Only this time without credits.

Public offer and privacy policy

1. General provisions
1.1. This document is a public offer of LLC "Debt Write-off Center" (hereinafter referred to as the Contractor) and contains all the essential conditions for the provision of information and consulting services.
1.2. In case of accepting the conditions set out below, sending your personal data and (or) paying for services, the legal or natural person accepting this Offer becomes the Customer.

2. Subject of the Offer
2.1. The subject of this Offer is the provision of information and consulting services to the Customer for a fee.
Information and consulting services are understood as holding seminars, online seminars (webinars), selling records of such events, teaching materials and kits, audit, consulting services.
The contractor is on the simplified tax system and is not a VAT payer in accordance with clause 2 of article 346.11 of the Tax Code of the Russian Federation.
2.2. Programs of events, description of services, cost of participation, payment procedure for participation and application form for participation are available for review on the websites: http://pokadolgi.ru, http://nadoelidolgi.ru.

3. Conditions and procedure for the provision of services
3.1. Information and consulting services are provided in full, subject to their 100% (one hundred percent) payment by the Customer, unless otherwise established by agreement of the parties.
3.2. The application is made in the prescribed form on the website or via a link from this website to the website of the payment acceptance aggregator. During the execution of the Application, the Customer, if necessary, is automatically issued an invoice, a receipt for payment or given details in accordance with the chosen method of payment.
3.2.1. After filling out the Application, if necessary, the Customer pays for the services of the Contractor according to the details in accordance with the chosen method of payment.
3.2.2. In case of non-payment by the Customer within 3 days from the date of assignment of the contract number under clause 3.2., the Contractor reserves the right to cancel the Customer's application. Cancellation occurs with the obligatory notification of the Customer by e-mail specified during registration.
3.3. This agreement has the force of the Act on the provision of services, the services are provided in full, the parties have no claims against each other.
3.4. If the Customer refuses to participate in the event for a period of less than 3 days, cash, paid for the event, are considered the actual costs incurred by the Contractor and are not refundable.
3.5. The funds paid for information and consulting services are returned on the terms and in the cases specified in the description of the relevant service.
Funds are non-refundable in any amount in the event that certificates of work performed signed by the contractor are provided to the customer at the request of the customer.

4. Special conditions
4.1. Services are provided for personal use by the Customer, as well as for the purposes of using the results of services in the Customer's business activities.
4.2. The Contractor reserves the right to make changes to the program of the event without notifying the participants of the event, publishing the changes on the website in a timely manner.
4.3. The Contractor reserves the right to record the events held for any purpose, including for subsequent sale, both independently and in a set with other records or materials.
4.4. The participant of the event is prohibited from recording without the express written permission of the Contractor.
4.5. The Contractor reserves the right at any time to return the funds paid for the event in full and refuse the Customer to participate in the event.

5. Actions regarding personal data
5.1. The personal data of the Customers are collected solely for the purpose of providing the services declared on these websites and requested by the Customers. Personal data under no circumstances are transferred to third parties and are not used for purposes other than those indicated by this offer.
5.2. Number mobile phone left by the Customer on the Contractor's website can be used to send SMS messages with reminders of appointments, website address, office address, phone numbers of the Customer and his employees, as well as to send links to Additional materials relating to the services requested by the Customer, posted on the Internet, including on the affiliate programs of the Contractor.

6. Liability of the parties
6.1. The Contractor is not responsible for how the Customer used the information received during the information and consulting services and for the results of its use by the Customer.

7. Validity and amendment of the Offer agreement
7.1. The Agreement comes into force from the moment of its conclusion (Acceptance of the Offer) and is valid until the Parties fulfill their obligations.
7.2. All disputes and disagreements are resolved through negotiations between the Parties.
7.3. All issues not regulated by this Offer Agreement shall be resolved in accordance with the current legislation of the Russian Federation.

8. Details

Executor:
LLC "Debt Write-off Center"
190013, St. Petersburg, Malodetskoselsky pr., 31, office 1H