How to check an individual for bankruptcy

Many borrowers prefer to remain silent about the fact that they are officially recognized as economically insolvent, although information about this often plays a key role in concluding transactions. Therefore, we want to tell you how to check a person for personal bankruptcy: where and how such a procedure can be carried out, why it is needed, how complicated it is, and the like. We will present several methods so that you can choose the most convenient one.

1. Are there any databases about such people?
2. What law regulates all this?
3. How to check an individual for bankruptcy
4. Through the Kommersant newspaper
5. Through the EFRSB
6. Via the official website of the Ring Road
7. Other verification methods
8. Via arbitr.ru
9. Via fssprus.ru
10. Who needs to check information about bankruptcy of individuals
11. Consequences of bankruptcy

Are there any databases about such people?

Yes, they exist, but there are only a few of them. All debtors recognized as unable to pay off their obligations are entered into the Unified Register - today it contains the most complete information about decisions made by the court.

In this repository, you can request information about auctions held and, accordingly, about the results of the sale of property, reports from arbitration managers, notes from specialized media (in particular, from the Kommersant newspaper), minutes of a meeting of creditors. In fact, you will learn a lot of important information about a particular borrower.

What law regulates all this?

You can check a person for bankruptcy in accordance with Federal Law No. 127, adopted on October 1, 2015. It stipulates the right of citizens to recognize their economic insolvency, as well as the nature of financial relationships with insolvent Russians and the procedure for restructuring and selling assets under the hammer.

We remind you that in order to obtain the status in question, a person must document his debt to each authority involved in the case, and also meet two key conditions:

Bankruptcy of individuals

from 5000 rub/month
Read more
Services of a credit lawyer

from 3000 rubles
Read more
Legal assistance to debtors

from 3000 rubles
more
Write-off of loan debts

from 5000 rub/month
More details

• collect outstanding obligations in the amount of 300,000 rubles (although there are nuances);
• be late on regular payments by a quarter (3 months) or more.

The subject himself can initiate the process of declaring himself bankrupt, but also, depending on the situation, one of the creditors who gave him money, and even the state authority has the right to go to court. In this case, there are 3 scenarios:

• The contract is being revised - the same banks often meet clients halfway and develop more loyal and convenient payment schemes so that people can return the funds with interest and do not have to waste energy on litigation, proceedings and meetings.
• The collateral property is confiscated from the borrower or, already during the process, an auction is held by court decision, at which the assets are sold, and the proceeds are distributed among the creditors in the order of priority of their claims.
• The parties reach an amicable agreement with each other - a settlement agreement is concluded, setting new terms of the transaction.

How to check an individual for bankruptcy

There are several methods: some of them are traditional, they have been used for years, others are relatively new, closely related to Internet technologies. We suggest considering each of them, with all their pros and cons, so that you can decide. Let's start with three that are considered the main ones (most often in demand in practice).

Through the Kommersant newspaper

This media outlet regularly publishes data on the economic insolvency of Russians and is distributed in both regular paper and online formats. Therefore, it is enough to go to the official website of the publication, subscribe (to access all sections), visit the “Bankruptcy” tab, click on “Search for messages...” and find out the most current data about who has recently issued the corresponding status.

Issues published on physical media can be found in a public library (in the capital and large cities this will certainly not be difficult). Yes, you will have to scroll through each issue manually, this is relatively time-consuming and inconvenient, and no one is safe from missing the necessary lines due to inattention. But this, in fact, is the only option when it is necessary to obtain information that is already several years old. Because entries in the paper version of the newspaper have been mandatory since 2008 (in accordance with government regulations), while in the electronic version only since 2019.

What online resources to use

In 2021, there are three main ways to obtain data on the insolvency of an individual. These include:

• file of arbitration cases
• unified federal register of information on bankrupts
• Kommersant newspaper

Since cases on declaring citizens insolvent are conducted by arbitration courts, the easiest way is to search the file of arbitration cases.

The main advantage of the service is the ability not only to confirm the bankruptcy status, but also to familiarize yourself with the materials of the court case and the decision made.

The most reliable information, and in the shortest possible time after the relevant court decision is made, can be obtained from the Unified Federal Register of Bankruptcy Information (EFRS).

The service also allows you to view the following data:

• date and time of appointment of the general meeting by the financial manager
• results of the meeting
• claims made against the debtor
• information about disputed transactions
• information about the date and reasons for initiating bankruptcy

In accordance with Article 28 of the Bankruptcy Law, information about persons declared insolvent must be published in the media. The official source is the Kommersant newspaper.

Lenders can obtain the necessary information in the library by independently studying the binder for a certain time interval or on the official website of the printed publication, having previously subscribed.

The newspaper also publishes the following information:

• on the appointment of a financial manager
• on holding a general meeting
• about the decision made
• on seizure of property
• on the date and place of the auction for the purpose of selling the debtor’s property

Through the EFRSB

It is convenient to check an individual for bankruptcy through the Unified Federal Register for several reasons:

• this is a free opportunity, and it is available to absolutely all Russians without exception;
• the site contains data on both private citizens and corporate borrowers who are unable to pay off their obligations;
• the information presented there is as reliable as possible, because the portal is state-owned and is filled out by authorized representatives of arbitration bodies;
• entries in the EFRSB are made only upon the announcement of the verdict, but immediately as soon as it is announced, and not at the consideration stage, as in a newspaper; This approach avoids confusion with unsatisfied claims, while Kommersant can advertise a status that a person was never able to obtain.

Read How to file bankruptcy for an individual at the MFC in 2021

In practice, the easiest way to check is using the following scheme:

1. Visit the website bankrot.fedresurs.ru.
2. Go to the search section, select the “Advanced…” menu in it and tick the “individual” category.
3. Enter known data about the person - his full name, registration address (according to the passport), TIN.
4. Click the button and see the result.

If nothing appears in the search results, this will indicate that the entity you are interested in has not yet been recognized as economically insolvent.

Another undoubted advantage of this option is that on the EFRSB portal you can also view materials related to a specific situation, for example, confirmation of the ruling.

Via the official website of the Ring Road

Under this abbreviation lies the File of Arbitration Cases, which stores the necessary data about people who went through the trial process. This, by the way, is why it is convenient - it only contains those cases that did not end amicably.

To check the bankruptcy status of an individual, you need to:

1. Go to the web resource kad.arbitr.ru.
2. Enter the candidate's full name, as well as his Taxpayer Identification Number (or OGRN, if you need to get information about the company) in the search field.
3. Set up a filter for the most accurate result - mark the relevant specifics of the cases; At the same time, it is important to pay attention to the registration of the subject that is relevant to you, because the program will also search by it.
4. Click on the “Find” button, after checking that the fields are filled out correctly.

If a Russian you are interested in participated in an arbitration case, he will definitely be included in the Ring Road, and data on his economic situation will immediately appear on the screen, along with the decisions adopted.

Where and how to check an individual for bankruptcy: online sites and more

Content:

• Ways to obtain information about initiating bankruptcy proceedings
• File of arbitration cases
• Unified Federal Register of Bankruptcy Information
• Kommersant newspaper website
• Bailiffs Service
• From the financial manager
• conclusions
• Questions and answers (discussion of the article)

Timely discovery by creditors of information about the debtor's bankruptcy will allow creditors not to miss deadlines for inclusion in the register of creditors' claims.
Obtaining information about your own bankruptcy will allow the debtor to prevent violation of his rights.

That is why it is so important to know where and how you can find out information about a debtor’s bankruptcy.

Ways to obtain information about initiating bankruptcy proceedings:

• Website of court cases (file of arbitration cases)
• EFRSB
• Kommersant newspaper website
• Bailiffs Service
• From the arbitration manager

Each of these methods has its pros and cons. Let's consider all the options and decide on the best and most reliable method.

File of arbitration cases.

As of 2021, any bankruptcy case takes place in the Arbitration Court of a constituent entity of the Russian Federation (Article). Thus, the file of Arbitration cases is the primary source.

The file cabinet itself is located at: kad.arbitr.ru

How to search for information:

1. Go to the website kad.arbitr.ru

2. The main page of the file cabinet opens before us (see Fig. 1), in the upper left corner we indicate the debtor’s full name (for example, Ivanov Ivan Ivanovich). Click on the search and its results will open in real time.

Figure 1 – main page of the file of arbitration cases.

Next, we will sort all the search results, narrowing the circle to bankruptcy cases. To do this, under the black menu (at the very top), find the red letter “B”. Opposite it will be indicated “Bankrupt” - click.

As a result, we see a list of all cases in which Ivan Ivanovich Ivanov is involved. As of September 2021, 38,337 cases were found (see Figure 2).

Figure 2 – debtor search results.

Finding a specific debtor among them is not an easy task...

I strongly advise against limiting your search by region (Arbitration Court for a constituent entity of the Russian Federation). Why?

A bankruptcy case may be initiated at the place of temporary registration of the debtor. If you limit your search by subject and, when the site responds with zero results, you are glad that the debtor has not filed for bankruptcy, you may miss the deadline for inclusion in the register of creditors’ claims. It is extremely difficult to restore the deadline.

But each individual in the Russian Federation is assigned his own TIN (at the tax authority). Indicate only it (in the “participant in the case” column - where we entered the full name) - for example, 645101080469. Then the bankruptcy case of a specific individual will be found (see Fig. 3).

Figure 3 – search results in the file of arbitration cases by TIN.

How to find out the debtor's TIN?

When concluding contracts and other transactions, drawing up receipts that served as the basis for the formation of a debt, citizens rarely include information about the TIN in the contract or receipt.

But, knowing the passport details of an individual, you can get a TIN through the official website of the tax service. Website address: service.nalog.ru/inn.do (see Fig. 4)

Figure 4 – Official website of the Federal Tax Service of Russia for obtaining information about TIN

We fill in all the necessary data, click on the “send request” button, and the system issues a TIN. Next, you return to the arbitration case file website and check your debtor weekly.

But even here there are some subtleties. The thing is that now most assistant judges do not enter information regarding the TIN into the file of arbitration cases. As a result, the bankruptcy case will not be displayed in the search results.

However, in the judicial act itself, the court is obliged to publish information that will allow the individual to be individualized.

To search by judicial acts, go to the “Bank of Decisions” website at the online address ras.arbitr.ru and on the left side of the “Document Text” search, indicate the debtor’s TIN. Now you will receive documents in the search results where there is a 100% match of the TIN (see Fig. 5).

Figure 5 – search for bankruptcy of individuals through the Bank of Solutions

Why is it necessary to monitor the debtor weekly?

This way you will know about the debtor’s actions in advance and will be able to be included in the register of creditors’ claims in a timely manner.

Unified Federal Register of Bankruptcy Information

Or briefly – “EFRSB”. This is a resource (website: bankrot.fedresurs.ru), which publishes almost all the information regarding the consideration of a case about a debtor (introducing a procedure, challenging transactions, receiving creditors’ claims, etc.).

Accordingly, if the EFRSB contains information about the debtor, this means that bankruptcy proceedings have been initiated.

It is worth noting that the EFRS website publishes information about the case in the file of arbitration cases (date, case number, name of the court, etc.).

Using this site exclusively may result in missing inclusion in the register of creditors' claims.

Since all information is entered exclusively by the Arbitration Manager, a human factor in the form of non-publication of information is possible. Undoubtedly, they are subject to liability for such actions, but if you look at the most common reasons for the removal of managers, you will see that this is the most common offense.

How to check information about a citizen’s bankruptcy on the EFRSB

Go to the website bankrot.fedresurs.ru

Figure 6 – EFRSB main page

On the left side, under the search line, follow the “advanced search” link, then switch the checkbox to “Individuals” and fill in the “Code” field with the TIN number (see Fig. 7).

Figure 7 – Setting up a search on the EFRSB website to search for a debtor

After filling out, click “Search” and look at the results.

We track bankruptcy through the Kommersant newspaper website

Knowing the debtor’s TIN, we enter it into the search window after moving from the main page of the website bankruptcy.kommersant.ru to the link “Search for bankruptcy messages” (see Fig. 8).

Figure 8 – Search for bankruptcy messages on the Kommersant website.

On the page that appears, enter the TIN, security code and click “search”. Let's look at the results (see Figure 9).

Figure 9 – search on the merchant’s website for messages about the debtor using the TIN

Similar to the EFRSB, this method of searching for information has its drawbacks. It's all about the Arbitration Managers, who often do not publish information there.

We learn about bankruptcy from bailiffs

This is rare, but it does happen sometimes. For example, a creditor filed a writ of execution to initiate enforcement proceedings, then receives a monthly portion of the debtor’s pension, but at one point the money stops flowing. The claimant visits the bailiff, and he gives him information about the end of the enforcement case due to the introduction of the procedure for the sale of property (Article). And almost always the two-month period for submitting claims to the register of creditors has already expired. Then you need to go to court to restore the term, which requires additional legal work + the court may refuse.

Receiving notification from the financial manager

When the court introduces a bankruptcy procedure for a citizen, the appointed manager begins to perform his duties. One of these responsibilities is to identify and notify all creditors known to the manager. When receiving such a letter, you must make sure that you still have time to be included in the register of creditors. Otherwise, the terms will be restored, which does not always end in a positive result for the lender. It is worth noting that financial managers very often do not send out such notices.

Conclusion

Having considered the above methods of tracking the fate of your debtor, you can only draw one conclusion: weekly and independent tracking through a file cabinet of arbitration cases and the EFRSB will allow you not to miss the moment of initiating an insolvency case against the debtor.

Other verification methods

It is possible to find out whether an individual has declared himself bankrupt or not from alternative sources. The main catch here is to select the resource:

• consistently providing up-to-date and correct information, that is, information that you can safely trust;
• with a convenient interface and extensive accompanying capabilities, so that it is not difficult to objectively assess the debtor’s condition and even track his financial situation at any stage of the proceedings.

These criteria are best met by two sites that have already earned authority and high traffic. Let's consider the specifics of obtaining the necessary data using each of them.

Via arbitr.ru

This web resource is entirely dedicated to the federal arbitration courts of the Russian Federation, and this even provides certain advantages:

• Its sections contain a lot of valuable information - it is not difficult not only to check a citizen for bankruptcy, but also to familiarize yourself with the library of documents, legal framework, file of cases, calendar of meetings.
• It provides links to several important authorities at once - you can go to the FSSP portal or the decision bank in one click, file a complaint against the actions of bailiffs and much more.

In this case, the site is, in fact, an intermediary. It is convenient to work with it if you regularly monitor changes in the wealth of certain people (as well as amendments to regulations, changes in staffing, etc.), but for a one-time solution to the issue, it is easier to immediately contact the Unified Register or CAD.

Via fssprus.ru

This is a database of bailiffs checking potential borrowers for solvency. In addition to the service we are considering, it provides a number of services. For example, you can find out the amount of your own debt or the date of the auction with the sale of seized property under the hammer.

The advantage is that checking the bankruptcy procedure is as simple as possible: just enter the data (for example, the full name of the subject) in the field located in the upper right corner, immediately under the menu header, and click “Find”. There is also an advanced search - click on the button with this name and you can select a legal entity or indicate the individual entrepreneur/ID number for a more accurate result.

The downside is that in this way you will only find out whether enforcement proceedings have been launched against a person, and if so, at what stage it is. If the subject has already been declared economically insolvent, this is suitable, but if he is still in the process of litigation, then there remains a possibility that he will still be refused and will be forced to pay off his debts. But this is a relative disadvantage, because in any case you will get an idea of ​​the financial condition of the potential borrower.

There is another option - to assess your reputation through the BKI by contacting the bureau and requesting a credit history. At the same time, you will find out how many loans and for what amounts it took out. True, this method is only suitable for official organizations; the average Russian has the right to find out information only about himself. Of course, you can ask the other party to do this and show you the results before concluding the deal - if the person has nothing to hide and wants to get money, he will go for it.

How to check the bankruptcy of a legal entity?

Thanks to modern technologies, information about legal entities that have received bankruptcy status can be obtained in a matter of minutes on virtual resources. Checking for bankruptcy of a legal entity also does not exclude contacting printed publications:

• The Kommersant newspaper or the state registration bulletin.
• Website "Kommersant Card Index". This resource provides the opportunity to check the debts of a legal entity by TIN, track the reputation of the legal entity, find current news about all companies operating in the Russian Federation, find out who their owners are and everything about their relationships in a particular area of ​​business.
• The Kommersant newspaper portal contains information about enterprises that have filed claims for bankruptcy. To find the necessary information, simply enter the state registration number or individual code of the legal entity in a separate tab.
• A file of court cases that were considered in the Arbitration Court. It contains information on bankruptcy cases that are in progress or completed. To check the company’s reputation, in a certain field you need to enter the name of the legal entity, its Taxpayer Identification Number (TIN) and click the “Bankruptcy” button.
• The resource of the Unified State Register of Legal Entities contains information about any enterprise and its reputation. The TIN and company name are entered - this is enough for the required information to appear on the screen.
• Official website of the Federal Tax Inspectorate. There is no information here about all legal entities that declared themselves bankrupt, but information is posted about those companies whose bankruptcy was initiated by the Federal Tax Service. The result of a claim by the tax inspectorate is the results of the next audit, which reveals the reasons for recognizing the insolvency of the enterprise.

Along with the advent of the bankruptcy law, the EFRSB portal was opened in October 2015, into which all data on enforcement proceedings in bankruptcy cases is entered. This is a publicly accessible resource that is dedicated to bankruptcy procedures in the Russian Federation.

Who needs to check information about bankruptcy of individuals

As practice shows, this is done once or regularly by the following entities:

• banks and microfinance organizations;
• lessors of particularly valuable and/or large property;
• companies of various OPFs and, in some cases, owners or shareholders of these organizations;
• ordinary citizens of the Russian Federation.

Read Mortgage after bankruptcy of an individual: will they give a mortgage loan for a bankrupt?

The reasons for obtaining information about a person's financial condition vary widely, but they are usually very clear. This is done in order to make sure that the other party is trustworthy: that she is able to return the borrowed money or even has the right to occupy a leadership position.

The fact is that a bankrupt cannot work in a managerial position in a company for a certain period of time; this is one of the restrictions imposed by law (which are discussed below), otherwise it will not be difficult to challenge all the transactions he has concluded in court and, if desired, cancel it. Such an ill-considered personnel policy will inevitably lead to financial losses, which any enterprise is trying to avoid.

Why check?

Let us discuss the question of reasons in a little more detail, because it is key. So, go to the EFRSB website or to the Ring Road:

• to make sure that the person applying for money has a fairly clean reputation;
• to assess the risks and prospects of a possible transaction with an economically insolvent entity;
• to make sure that the person appointed to a leadership position has the right to currently hold a position at this level.

Receiving up-to-date information is a kind of protection, and it will be useful to everyone. An ordinary citizen will thus reassure himself and gain confidence that the borrower to whom he is temporarily lending a large sum is truly conscientious and accustomed to paying off his debts. For employees of banks and microfinance organizations, this is generally a direct responsibility - they must understand who is contacting them, because they enter into transactions with hundreds of clients every day, and the credit institution simply does not have time for litigation with each of them.

Any far-sighted company owner is obliged to check the bankruptcy procedure of an individual appointed as a director or manager of his company, even if this person swears by his financial solvency. What if he's cheating? Or he simply does not know the legal nuances and thinks that the restrictions imposed on him have expired, although they are still assets, given the scope of the enterprise.

The lessor of land, warehouse or factory premises should also take advantage of this opportunity - to figure out to whom he is transferring his property for long-term use, whether there will be cases of damage over time, and the like.

It’s good that you can use any of the methods quite quickly and without serious financial costs, and the results obtained will be accurate.

Bankruptcy of individuals

from 5000 rub/month
Read more
Services of a credit lawyer

from 3000 rubles
Read more
Legal assistance to debtors

from 3000 rubles
more
Write-off of loan debts

from 5000 rub/month
More details

The procedure for declaring an individual (citizen) insolvent.

A citizen has the right to independently initiate this process. To do this you need to file an application with the court. This procedure is called voluntary. In a forced manner, the initiator of the proceedings may be a creditor with whom the person is unable to pay off his debts.

Conditions under which an individual may be declared bankrupt:

• a citizen’s inability to pay off monetary obligations within 3 months of the deadline established for their repayment;
• the presence of a debt amount of at least 500,000 rubles.

Execution cannot be made on the following property (Article 446 of the Code of Civil Procedure):

• land plots that are not used by a citizen for profit;
• the debtor’s residential premises, if it is the only one for residence;
• household items and ordinary home furnishings, personal items (with the exception of luxury items and jewelry);
• working and agricultural livestock (rabbits, deer, bees, poultry), which are not used by the debtor for profit;
• property that is required for a citizen’s professional activities;
• food and cash amount of at least three times the subsistence minimum;
• vehicles and other auxiliary equipment needed by the debtor due to his disability.

All property that is not included in the categories described above will be seized and will be confiscated and sold in the future. The proceeds from sales are used to pay off debts. After the debtor is declared insolvent in accordance with Art. 212 of the Federal Law “On Bankruptcy”, he is exempt from further fulfillment of creditors’ claims.

During the trial, the debtor is prohibited from:

• carry out transactions for the acquisition or alienation of property and registration of a pledge - the person completely ceases to dispose of the property constituting the bankruptcy estate;
• travel abroad (at the discretion of the judge);
• manage money in current accounts - the debtor transfers all bank cards to his manager.

An individual declared bankrupt is obliged to report this fact to the bank during the next 5 years when applying for a loan or loan. In addition, the bankrupt is deprived of the right to hold any leadership positions for a period of 3 years.

Consequences of bankruptcy

They are determined by Federal Law No. 127, with the latest edition dated July 31, 2020. According to this federal law, a person declared economically insolvent:

• must report this to banks (when trying to get money) within 5 years from the date of assignment of the corresponding status;
• does not have the right to be employed in management positions in ordinary companies for 3 years; in the case of insurance organizations, this period increases to 5 years, with non-state pension funds or credit institutions - up to 10;
• for another 5 years he will not be able to make purchase/sale transactions of particularly large or valuable property.

The restrictions may seem too serious, therefore, in fairness, it is necessary to talk about the advantages of bankruptcy. It allows you to write off debts absolutely legally and without any legal claims from the other party (and for an individual entrepreneur to calmly close down). Once you register it, even the most annoying collectors stop calling and flooding your mail with their letters, because their attacks begin to be considered unlawful.

In a number of cases, it is easier and more profitable to admit one’s economic insolvency than to pay off previously assumed obligations for a long time and with difficulty. And the consequences can be dealt with later, if they affect anything at all, because not every Russian goes from an ordinary borrower to a director in 3 years.

We looked at how to check a person for bankruptcy and debts, we offered you several methods, including free ones - choose the one that seems most convenient. You can find out this information yourself, but when concluding large transactions and, especially, when challenging them, it is still worth using professional legal assistance, and you will find it in, contact us.