MOSCOW, November 18. Arbitration courts of the Russian Federation began to make the first decisions on the recognition of the individuals by the bankrupt. A resident of Buryatia, Nikolai Plakhin adjudged bankrupt because of debt more than 7.2 million rubles, a resident of Chelyabinsk region Daria Rastorguev – 14 million rubles.
As follows from the court’s records, bankruptcies were initiated by debtors.
At the present time in relation to Plakhina and Rastorgueva introduced the procedure of sale of property.
The exception to the rule
The quick decision of arbitration Buryatia, Chelyabinsk is the exception rather than the rule. Experts were expecting the first procedures of bankruptcy of individuals in Russia will start in the new year.
“Such definitions in the Russian judicial practice has virtually none. We expect that they will appear at the end of December or in January. The court from the moment of receipt of the application on bankruptcy of individuals is three months for its review. The courts are very cautious,” he said earlier Corr. Vice – President of Association of regional banks of Russia Oleg Ivanov.
Yaroslavsky process
To make the first decision on the case on bankruptcy of natural persons on Wednesday promised arbitration of the Yaroslavl region. A week ago he began considering a bankruptcy petition of a local resident who owed more than 20.4 million.
“Due to the fact that the parties are unable to provide the court with some of the necessary documents, the process is rescheduled for November 18,” – said Corr. head of the Secretariat of the Chairman of the court Pavel Sinkin in the first session on the case.
The interlocutor noted that in the second month of the work of the law on bankruptcy of physical persons a number of statements about personal bankruptcy, admitted in Yaroslavl courts, has increased dramatically. “If the first week from the date of adoption of the law was 3-4 statements, now they are much more,” said Sinykin.
The Voronezh region on a stage of debt restructuring
Arbitration courts of the Voronezh region, one of the first in Russia started the procedure of restructuring of debts with respect to two local businessmen – Andrew Romanenkova and albert Abuzyarova, more careful in the matter of the adjudication of bankruptcy and are still in the first stage of procedure of bankruptcy.
Bankruptcy Romanenkova and Abuzyarova was initiated by the creditors. The amount of debt the Voronezh businessmen is 500-520 thousand rubles. The feasibility of debt restructuring and its parameters will be determined by the decision of the creditors ‘ meeting of each of the debtors (it should be held within three months). The decision of the debtors will be presented at the next court session, which is scheduled for spring 2016. With the approval of the restructuring by the court the debtor is a new debt repayment plan.
Debt restructuring is possible provided that the borrower has a steady source of income. If this condition is not met and the borrower is insolvent, his property will be sold under the hammer. Thus, it is impossible to realize the only apartment of the debtor (except that which is pledged under the mortgage), household appliances worth up to 30 thousand rubles, cash amounting to 25 thousand rubles, clothes, shoes, food, prizes, awards, diplomas and memorable signs, livestock and poultry that are bred for own use and assets used in professional activities of the borrower.
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At the auction can be implemented luxuries of the future of the bankrupt, such as, for example, a car, but only on the condition that before a person can reach by public transport.
High-profile cases
Along with insolvent residents of the Russian regions received the arbitration of a bankruptcy petition against major businessmen and even deputies. Thus, the arbitration court of Bashkortostan on 18 November considered Russia’s first bankruptcy case of the Deputy of the state Duma Ivan Sukharev from LDPR party. The statement against the MP was filed by Ruslan Evsukova through arbitration trying to collect from the Deputy of 4.35 million rubles.
Among the big businessmen who became involved in lawsuits on bankruptcy of individuals, have become the former owner of Cherkizovsky market Telman Ismailov, CEO of the bankrupt JFC, now steering the Novosibirsk Opera and ballet theatre Vladimir Kekhman , the owner of “Rusimport” Alexander Mamedov, former Vice-President “LUKOIL” Ralif Safin (father of singer Alsu).
Banks do not set a goal to bankrupt businessmen. The new law they use as a tool of pressure on the debtor. “In this case, the application on bankruptcy of the entrepreneur can be a stimulus for loan recovery. This mechanism of psychological effects on citizens”, – said Ivanov.
Statistics
In October – the first month of the law on bankruptcy of physical persons – the Russian courts received a little more than 2 thousand applications on the insolvency of citizens. Experts predicted that this momentum will be maintained until at least the end of the year. According to information for citizens project “Libancert.of the Russian Federation”, from 1 October to 17 November, the courts issued 4.3 thousand statements for bankruptcy of physical persons.
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In the first year of law experts expect a small amount of the Declaration of bankruptcy of individuals – 20-25 thousand. However, in the future three to five years this number could grow to 50 thousand claims for personal bankruptcy per year, says Vice-President of Association of regional banks of Russia.
The Chairman of the Duma Committee on economic policy, innovative development and entrepreneurship Anatoly Aksakov noted that it expected Russia to 70 thousand applications on personal bankruptcy in a year.
At the same time, in early October, he said that the official figures on outstanding debt of physical persons – about 7 percent of total loans, which is even less than the proportion of “delay” for the enterprises. Critical value – 20 percent, added Ivanov.
Meanwhile, the potential number of debtors in Russia in tens times above. The head of the Federal bailiff service (FSSP) Russia Arthur Parfenchikov at the end of 2014 reported that the potential number of debtors who can initiate in relation to the bankruptcy procedure in Russia is from 300 to 500 thousand people. According to the National Bureau of credit histories (NBCH), now under the conditions of the law on bankruptcy of natural persons fall to 460 thousand people.
Experts are not sure that the apocalyptic predictions about the bankrupt hundreds of thousands of Russians will come true. It will be facilitated by several factors. The key is the complexity of the application on bankruptcy of individuals, the procedure is expensive and the psychological factor. The bankruptcy will completely eliminate from his financial life.
“There is a psychological moment. I think that many citizens, knowing that will have certain restrictions in connection with obtaining this status, not run to the courts to declare itself bankrupt,” – said Aksakov.
