The number of credit loans has been increasing recently. At the same time, the number of borrowers who, for certain reasons, are unable to repay their own debts is also growing. For a long time, all problems related to this issue have been resolved on the basis of Article 25 of the Civil Code of the Russian Federation.The current situation of debtors In accordance with current legislation (the Federal Law "On Consumer Loans"), if for some reason the borrower has not made the next payment on time, the bank provides him with the opportunity to repay the debt over a short period of time - 1-3 months. At the same time, the debtor is periodically disturbed by phone calls from bank employees, reminding them that it is necessary to make a payment. If the borrower does not respond to these reminders in any way and the funds do not arrive, then the matter passes into the hands of collectors. As you know, these are organizations that collect funds from the debtor. The actions of collectors are not regulated by Russian law, so the agency's representatives use various methods of influencing the debtor: phone calls and visits at night are common.What does the new law on bankruptcy of individuals promise?The purpose of the law is to regulate the relationship between the lender and the borrower who is unable to repay the debt. While the law has not been adopted, its provisions may change, but the following milestones are still known.:- According to the current legislation, a person who is unable to repay debts can call himself bankrupt. Thus, he has a chance to get rid of debts.- There are several ways to initiate bankruptcy proceedings: by a creditor, a debtor, or a government agency.- The amount of debt must exceed 50,000 rubles, and the payment is overdue for more than three months, so that the borrower can declare his own bankruptcy.- When considering a bankruptcy case, the court has the right to provide the debtor with the opportunity to pay the loan in installments, while he must have a reliable source of income. The installment period is no more than 5 years. If the debt is repaid in the allotted time, the failed bankrupt saves himself from all kinds of consequences.- In case of recognition of the bankruptcy of an individual, during the court proceedings, the borrower's property is distributed in certain proportions among creditors.Bankruptcy procedure During the bankruptcy procedure, experts study the debtor's history of property transfer transactions. In this case, transactions executed within one year are considered invalid, in other words, the transferred property belongs to the debtor.The debtor, first of all, must repay the debt with the help of financial resources. According to the bankruptcy documents, the borrower cannot have such funds, therefore, the property recovery procedure is being carried out. It happens that tangible property belongs not only to the debtor, but also to one or more owners. In this case, the penalty applies only to the share owned by the debtor.Not all types of property are subject to foreclosure. For example, clothes, shoes, awards, prizes, furnishings in the house and housing (if the debtor has no other place to stay) they are not subject to collection. Also, foreclosure does not apply to the housing space borrowed, provided that the debt has not yet been repaid and is not related to this claim. Bankruptcy cases are handled by the arbitration court, which must make a decision no later than after 7 months. The date of commencement of the case is considered to be the time of filing the application.Consequences of bankruptcy:- ban on entrepreneurial activity (1 year);- mandatory notification of the lender when applying for a subsequent loan (meanwhile, special organizations, Credit Bureaus, have information about all your loans);- cancellation of the obtained business license.The adoption of the law is an urgent necessity!Debtors are not granted deferrals to repay their debts, and bailiffs have the right to seize the borrower's property in accordance with a court decision. The current legislative system contributes to the fact that debtors have to apply for new loans in order to be able to repay previous ones. In addition, as mentioned above, it cannot do without the most unpleasant communication with collectors. Study the law on credit histories in detail: its provisions, the specifics of its formation, and access to financial loan histories and disbursements in order to know your own rights.When will the law be passed?Many experts are convinced of the need to adopt a law on bankruptcy of individuals as soon as possible, which will clarify what to do to debtors who have not paid off the loan. Nevertheless, the bill that arose several years ago has not yet been approved, its adoption has been postponed indefinitely all the time.Why was the adoption of the bill delayed?Opinion of the populationthe majority of 90% of the population of the Russian Federation does not agree with the adoption of a new bankruptcy law for individuals. Many are outraged that banks have been providing loans for many years with dangerous consequences for debtors, and they have only just started talking about the law. According to opponents of the bill, it was necessary to initially develop a bankruptcy procedure at the legislative level, explain to borrowers the possible unpleasant consequences of outstanding loans, and only then offer financial loans. Moreover, creditors make "profitable" offers that cannot be refused, and after the adoption of the law they will have the right to seize the debtor's property.The ship reform is to blame for everything. Each side has its own reasons for postponing the adoption of the law. For example, consumer rights advocates believe that the reason for this is the absolute support of creditors, that is, banks. This is confirmed by the immediately adopted law on loans for consumers, and the protracted review of bankruptcy laws for individuals and on the activities of collectors. Apparently, if citizens are able to file for bankruptcy, this will negatively affect the financial situation of banks.In turn, representatives of banks claim that the absence of a law regulating this situation is unprofitable for everyone, since clear work planning is impossible. Without judicial reform, the adoption of the bill is meaningless, since its clarification is the responsibility of the supreme court. Thus, it is necessary to form the composition of the supreme court, transfer cases to it, determine the working procedure and organize other issues before the adoption of the bill. Découvrez l'offre exclusive réservée aux nouveaux utilisateurs avec le code promo 1xbet En l'utilisant lors de votre inscription et d'un premier dépôt, vous recevrez un bonus de 100% pouvant atteindre jusqu'à 130 €. 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