Individual bankruptcy

1. The amount of overdue obligations is 30 minimum wages

2. The debtor is overdue for planned payments in the amount of more than 50% of monthly payments for each of the obligations.

3. Planned payments are at least 2 months overdue.

4. The debtor applied to the Commercial Court with an application to initiate the process of restoring solvency.

BANKRUPTCY IS A REAL WAY OUT?

Bankruptcy proceedings will be useful if

• on mortgage
• on a car loan
• for household loans and other types of loans, as well as the debts of the guarantor

Your Borgs were knitted because of the ill-will of the viconati, and they took goiters on themselves through the everyday life of the situation and tell them about the amount of money (30 minimum salaries) and terms (2 months).

BANKRUPTCY PROCEDURE IS NOT FOR YOU IF

You have previously entered into several agreements, according to which your property was alienated or transferred to loved ones.

We are talking about alimony arrears.

Stage

01 . CONSULTATIONS, DATA COLLECTION

I analyze the documents for a real winning case in court and or bankruptcy will be beneficial for the person.

02 . Preparation of documents and filing applications to the court

I prepare documents and help to submit an application to the Economic Court to open insolvency proceedings along with proposals for debt restructuring.

03 . THE RULING OF THE COURT AND THE WORK of the insolvency practitioners

The court decides to open insolvency proceedings, the bankruptcy commissioner develops an action plan.

If the path of restructuring is chosen, the arbitration manager works with creditors and organizes the meeting. If the path is chosen to write off debts, it deals with the sale of property.

04 . RESULT OF BANKRUPTCY PROCEDURE

The restructuring ceases interest accrual. The amount is fixed and paid gradually over the next several years.

Каждая дело индивидуальное, но важно в процедуре банкротства физического лица:

1.Family status. In or out of wedlock. It is ideal for bankruptcy if you are married (not married) and have never been married, or if there is no property in your common joint property that can be foreclosed. Then all that creditors can claim is your personal property and your personal income. If you are married or divorced less than three years ago, then another subject appears in the bankruptcy case — this is your spouse or ex-spouse. Everything that is bought by the spouses during the marriage is a common joint property and is divided 50/50. But it should be remembered that there is the concept of a marriage contract, in which it is possible to prescribe that the property specified in the contract belongs to one of the spouses. Such an agreement can be concluded both before marriage and after. However, it should be remembered that the creditor has the opportunity to appeal against such an agreement. The risk of its invalidation is especially great if such an agreement was concluded already in the bankruptcy procedure, or two years before its initiation.

2. Content persons Here than, Dependents of the debtor are persons for whom the assistance of the debtor is the only or main source of livelihood. Among the dependents there may be minor children, persons under the guardianship or guardianship of the debtor, others who, according to the law, are considered dependents.

Why is it important? During the bankruptcy procedure, in particular, the debt restructuring procedure, if the debtor has official income, then it cannot contain funds in the amount of at least the subsistence minimum necessary to meet the household needs of the debtor and for each person dependent on him. This affects the prospect of approval or disapproval of the debt restructuring plan by the creditors’ meeting and the prospect of approval or non-approval of the restructuring plan by the court.

The more dependents the debtor has, the higher the likelihood of a successful bankruptcy result for the debtor — debt cancellation.

What is more in the boarder of the Utrimants, Tim is the success of the successful bankruptcy result for the boarder — the write-off to the Borg.

3.Wage. For bankruptcy purposes, official work (employment) and official wages are important. Official salary is the salary with which taxes are paid. If a person works unofficially, receives a salary «in an envelope», then taxes are not paid from an unofficial salary, it is not declared, it is not officially taken into account anywhere, and therefore does not matter for bankruptcy purposes. If the debtor performs work under a civil law contract, then he is obliged to declare his income and pay taxes on it. But many do not, and therefore employment under a civil law contract in most cases can be disregarded. But, if the debtor declares his income or the debtor is forced to do it as a condition for the performance of work, then this becomes a «white» salary and is important in bankruptcy proceedings.

4.Property and property rights Property is the first thing that will interest creditors. From the point of view of bankruptcy, the most valuable property is real estate. If the debtor has or had real estate, for the purposes of bankruptcy, all real estate objects for which the debtor is the owner have been the owner for the last three years are considered. It can be an apartment, house, land and more. The debtor’s right in relation to real estate is also important: ownership, share size, lease (hire) right, permanent use right, and the like. If the debtor has an apartment on the right to lease (rent), then in this case the debtor does not own the apartment and the presence of such an apartment will significantly affect the bankruptcy procedure.

The next important point is the presence or absence of collateral. Real estate mortgage is also called mortgage. If there is a mortgage, can it be the only home. This is important because it is impossible to take away from the debtor housing, which is the only place of residence of the debtor’s family (an apartment with a total area of ​​no more than 60 square meters or a living area of ​​no more than 13.65 square meters for each member of the debtor’s family or a residential building with a total area of ​​no more than 120 square meters, unless it is the subject of security.

Transport vehicles. If the debtor has vehicles, then the presence or absence of collateral is important. The vehicle is pledged when the debtor takes a «car loan». In this case, in addition to the loan agreement, a pledge agreement is signed.

Bank accounts and deposits, if any, are also liquid property of the debtor. The next important information is accounts receivable. If someone owes money to the debtor, for example, money was lent against receipt, it is important to whom and how much, when and how much should be returned. Royalties, allowances, pensions are also the debtor’s income. These amounts are added to the official salary of the debtor when calculating the restructuring plan.

Business share and securities. If the debtor is the founder or shareholder of a legal entity, then his share in the authorized capital of such a legal entity is also the property of the debtor. If the debtor’s business is profitable, if the company has property on its balance sheet, if the company is operating, then this property may interest creditors in bankruptcy proceedings. The debtor’s share in the authorized capital of the enterprise must be appraised and sold. If the debtor has an enterprise that does not submit reports or submits zero reports and does not actually carry out activities, then this property will not be of interest to anyone.

Valuable movable property (jewelry, antiques, electronics, etc.). If the debtor has something from this list, this must also be taken into account. There is also the so-called «untouched property» — this is the debtor’s property, which, in accordance with the law, cannot be foreclosed. First of all, this is housing, which is the only place of residence of the debtor’s family (an apartment with a total area of ​​not more than 60 square meters or a living area of ​​not more than 13.65 square meters for each member of the debtor’s family or a residential building with a total area of ​​not more than 120 square meters, except in the case when it is the subject of security.Likewise, it is not allowed to foreclose on the object of trust for the obligations of the trustee and on the property specified in the Appendix to the Law of Ukraine «On Enforcement Proceedings» No. 1404-VIII dated 02.06.2016.

5.Transactions in the last three years If over the past three years you have not sold real estate, transport, corporate rights (partly in legal entities) — there is nothing to worry about.

If during the last three years you have sold real estate, transport, corporate rights (shares in legal entities) — the degree of excitement is average.
The worst option is challenging the transactions, returning the property to the liquidation estate, and selling it.

6.Статус предпринимателя. An individual entrepreneur is the same citizen, has some peculiarities in its legal status (registration as a subject of entrepreneurial activity). The bankruptcy procedure of an individual entrepreneur takes place within the framework of the bankruptcy procedure of a citizen with some peculiarities, which are the entry into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations of the appropriate records on the opening of insolvency proceedings and on the termination insolvency.

7. Surety. If there is a surety for the debtor’s debts, then it should be borne in mind that the guarantors, according to the law and the contract, are responsible for repayment of the debt if the debtor cannot repay the debt. If the debtor is declared bankrupt, the creditor will present claims against the guarantors of the debtor. It should also be borne in mind that in some cases the surety ends on its own. For example, if from the moment the creditor has the right to present a claim for payment of the debt to the surety, he will not use this right (will miss the deadline). It is necessary to study all legally significant documents related to the surety. Perhaps the surety has lost its validity. It is important.

These are the important points themselves that affect the prospects in the bankruptcy procedure of an individual as a debtor. This is an important algorithm for preparing for the initiation of bankruptcy proceedings.

Prepare for bankruptcy proceedings in advance and choose professionals for this case.

Kshcho for the Borgs of the Borzhnik is the guarantee, then the next step is urahovuvati, but the guarantors, according to the law and the contract, are responsible for canceling the Borzhnik, as the Borzhnik cannot repay the Borzhnik. If a bankruptcy worker will be declared a bankrupt, then the creditor must present it to the guarantors of the worker. Likewise, slid urahovuvati, scho in deyaky vypadki bail itself on its own. For example, at the moment of the verdict in the creditor the right to present the vimogu about the payment to the Borg before the guarantor is in the right not to speed up (skip the term). It is necessary to check all the legally significant documents, which may lead to a guarantee. The surety has lost its power. Tse is important.

The axis is the most important moment to add perspectives to the bankruptcy procedures of a physical individual like a boarder. A very important algorithm for preparing the bankruptcy procedure before the ear.

Get ready to go to the bankruptcy procedure early and pick up professionals for the general public.