Documents for bankruptcy of an individual in 2021

How to officially become bankrupt?

You need to collect evidence and fill out an application. Then submit the documents to the court and wait for the court's verdict.

19 documents required by the borrower:

1. Statement.

In the document, the citizen specifies the amount of debt, lists the creditors and the property he owns. Indicates which organization to appoint a case manager from. The applicant does not have the right to independently choose a candidate. A copy of the application is sent to all creditors (clause 4 of Article 37 127-FZ).

1. Receipt for payment of state duty.

The payment amount is three hundred rubles (subclause 5 of clause 1 of Article 333.21 of the Tax Code).

1. Certificates confirming the fact of debt.

These include loan agreements, promissory notes, and other evidence of the debtor’s financial hardships.

1. An extract confirming the status of a private entrepreneur.

The document is provided by citizens who have opened an individual entrepreneur.

Important! The extract remains valid for five days from the date of receipt.

1. List of creditors.

The list indicates the last names, first names, patronymics of creditors and the amount of debt (order of the Ministry of Economic Development number 530).

1. Listing of property owned by the applicant.
2. Evidence that the applicant is the legal owner.

Confirmation is provided by certificates of ownership, extracts from the Unified State Register. Citizens who own a vehicle must submit a certificate of state registration of the vehicle.

1. Evidence of the purchase and sale of real estate, securities, and other major transactions with property.
2. Confirmation of participation in the management of the company's business.
3. Information about profits received in the three years preceding the application to court.
4. A certificate from work confirming the amount of salary or tax returns.
5. A photocopy of the certificate of compulsory pension insurance.
6. Certificates from banking organizations about transactions on accounts and deposits. A certificate of transactions three years prior to filing an application with the court is required.
7. Information about pension savings. The certificate can be ordered from the employer, taken from the pension fund branch, or using the gosuslugi.ru portal.
8. A copy of the document on recognition as unemployed.
9. Documents for bankruptcy of an individual are supplemented by a certificate from the employment service for unemployed citizens.
10. A photocopy of the individual taxpayer number.
11. Photocopies of documents on the conclusion, dissolution of a marriage and the birth of children.
12. Receipts for notifying creditors or a register of postal items.

What bankruptcy documents must be submitted to the court?

In Art. 213.4 of Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” the legislator reflected the requirements for the application and listed the documents that must be attached to it.

Below is a complete list of documents with comments from the lawyers of the Bankrupt Service company:

1. Information confirming the existence of a debt and its size, the basis for its occurrence, as well as the insolvency of the debtor. The basis for the occurrence can be certified by a credit agreement or loan agreement, a court ruling on debt collection, a requirement to pay tax (if there is an obligation to the Federal Tax Service to make mandatory payments); the amount is determined on the basis of current certificates and statements from banks, decisions on the initiation of enforcement proceedings, and requirements for early payment of debt. When assessing insolvency, the inability to equally repay obligations to creditors within three years is taken into account, provided that the applicant maintains the subsistence level for himself and family members - it is advisable to submit a calculation.

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Example

The debtor is able to work and has a child; the average salary according to the certificate in form 2-NDFL is 20,000 rubles. The debt to banks is 1,600,000 rubles.

The living wage for the working population in the Kaluga region is 12,254 rubles; for children under 15 years old - 11,333 rubles.

It must be remembered that parents must support the child on equal terms - each of them must provide the child with a minimum maintenance - 50% of the subsistence level established in the region.

The maximum period for repaying obligations under debt restructuring is 3 years.

From the data obtained we obtain the following calculation:

RUB 1,600,000/3 years (36 months) = RUB 44,444. — this is how much the borrower must pay to creditors every month to fully repay the debt.

44,444 rub.+12,254 rub.+ (11,333 rub./2) = 62,364.5 rub. - the amount of income necessary to fulfill obligations to lenders and maintain a decent standard of living for yourself and your child.

Since the applicant’s salary is obviously less than what was calculated, he is insolvent.

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2. Information about the presence/absence of the borrower’s individual entrepreneur status. This fact can be confirmed using an extract from the Unified State Register of Individual Entrepreneurs (Unified State Register of Individual Entrepreneurs) generated on the resource - the certificate will be certified by an electronic digital signature and has legal force;
3. List of creditors and debtors of a citizen. The form of this document has been approved
4. Inventory of property. The inventory form can be found.
5. Documents evidencing the applicant's property status. The borrower needs to confirm ownership of real estate objects with information from the Unified State Register of Real Estate - please note that you do not need an extract for a specific real estate object, but a document about all registered rights to such objects at the place of registration; as well as a certificate from the traffic police about registered vehicles.
6. Information about transactions completed within three years prior to filing for bankruptcy. The three-year period is due to the period for challenging transactions. This refers to transactions with real estate, shares in the authorized capital of a legal entity, intellectual property, securities, vehicles and other transactions whose value exceeds 300,000 rubles - they can be confirmed directly by contracts or registration documents.
7. Information about participation in the activities of a legal entity. They can also be obtained (Unified State Register of Legal Entities).
8. Certificate of income and taxes paid for the last three years in form 2-NDFL or 3-NDFL. Such data can be obtained directly from the employer, generated through a personal account, or obtained from the tax office.
9. Bank documents on the availability and status of accounts for the last three years. Based on these statements, it is possible to analyze the movement of funds in accounts, and they must be received from the banks whose client is the debtor;
10. Certificate of assignment of an individual personal account insurance number (SNILS).
11. Data on the status of the individual personal account of the insured person.
12. Data on registration as unemployed or for the purpose of finding a suitable job (if available). If at the time of filing the applicant is not employed, one can confirm one’s position as unemployed and without income only by registering with the employment service at the place of registration.
13. Documents about the debtor's marital status: marriage/divorce certificate, divorce decree, copy of passport with a note on marriage/divorce.
14. Information on the division of property of spouses: marriage contract, decision on the division of jointly acquired property.
15. Child's birth certificate;
16. Other documents confirming the facts stated in the application. To illustrate the last point, let us give an example from the practice of the legal department of the Bankrupt Service company, whose employees are collecting documents.

As you know, the only housing is protected by immunity from sale - this applies not only to apartments and rooms, but also to houses and the land plots located under them. The land plot and capital buildings on it are inseparable from each other and cannot be sold separately. One of our clients had such a house on a plot of land, but, according to information from the Unified State Register of Real Estate, the real estate properties had different addresses. If we leave this fact without explanation, this land plot can be regarded as subject to sale. The company's lawyers got out of the situation by additionally attaching a printout from the public cadastral map, which shows the position of the real estate and shows that the house is located directly on the land plot and is inseparable from it.

In addition to the documents listed by the legislator, it is also necessary to attach: the original receipt for payment of the state fee in the amount of 300 rubles, documents confirming the sending of a copy of the application with attachments to creditors (for example, a check of the Russian Post or a postal register of registered letters); the original receipt of deposit of the arbitration court funds to pay for the services of the arbitration manager - 25,000 rubles or a request to defer the deposit.

How much does the insolvency procedure cost?

The cost of the insolvency procedure consists of:

• State duty (amount is three hundred rubles).
• Financial manager services. The services of a financial manager cost twenty-five thousand rubles (subclause 3 of Article 20.6 of the Insolvency Law). If the debtor is unable to deposit the entire amount immediately with the court, you can ask the judge for a deferment (clauses 4 and 5 of Article 213.4 of the Insolvency Law).
• Publication of information in the Kommersant publication.

The cost of publication is approximately eleven thousand rubles. The amount is calculated from the cost of one square centimeter (two hundred rubles and sixteen kopecks from the beginning of 2016).

• Publishing information on the Internet.

The price of one publication on the unified federal register is 402 rubles 50 kopecks. On average, up to seven publications are carried out on a case. The cost is approximately three thousand rubles.

• Legal costs.

The price for sending one letter is sixty rubles. Other expenses without tendering will amount to two thousand rubles.

Total. To carry out bankruptcy of individuals, documents for filing will require approximately forty-five thousand rubles. To this amount is added seven percent of the amount paid to creditors.

How is an insolvency case handled in court?

When the court has accepted the documents necessary for the bankruptcy of an individual, a date is set for the consideration of the case.

The court will consider the issue fifteen days after receiving the application. The maximum period for consideration of an application is three months from the date of acceptance of the application.

Important! The applicant must satisfy the judge that he is unable to repay the debts. Confirm that the borrower's income does not allow him to pay creditors.

Reporting false information about bankruptcy entails liability. The amount of fines is established by Articles 14.12 and 14.13 of the Code of Administrative Offences. If a citizen has filed for bankruptcy, but in fact owns cottages and yachts, he risks being imprisoned or paying a large fine (Article 197 of the Criminal Code).

Personal documents required for bankruptcy of individuals

The list of personal documents for filing bankruptcy of an individual includes the following:

• Citizen's passport.
• SNILS.
• TIN.
• Personal account statement.
• Marriage certificate. In the presence of.
• Divorce certificate. In the presence of.
• Child's birth certificate. In the presence of.
• A prenuptial agreement, if one has been concluded.
• If the applicant is disabled, then an appropriate certificate will be required that confirms this fact.
• If the debtor has another serious illness, a supporting certificate will also be required.
• Extract from the Unified State Register of Individual Entrepreneurs/Certificate of absence of individual entrepreneur status.

In accordance with Article 84 of the Tax Code of the Russian Federation, a certificate of assignment of a taxpayer identification number (TIN) must be obtained from the Federal Tax Service of the Russian Federation. To do this, you will need to send a request using the “2-2 Accounting” form.

The insurance number of an individual personal account (SNILS) is issued by the Pension Fund of Russia. If there is a need to restore it, you will need to submit a corresponding application on the official website of the Pension Fund.

What are the consequences of establishing the fact of insolvency?

Bankruptcy gives you the opportunity to start life with a clean slate, but at the same time you need to be prepared for restrictions. Before collecting a list of documents for bankruptcy of an individual, we advise you to familiarize yourself with the consequences of bankruptcy.

The consequences of insolvency are defined in Article 213.30 of Law No. 127.

• The borrower must inform potential creditors of his bankruptcy within five years if he intends to take out a loan.
• You will have to give up managing business processes for three years.
• The judge may limit the right to travel abroad.