seasonal factors. What is changing with the advent of BI

Last updated April 2019

It is obvious to everyone that bankruptcy is a desperate and risky step in the fate of any person. And anyone who dared to commit it should be aware of how much this can affect the future plans of not only himself, but also his close relatives.

Only by clearly realizing the consequences of the bankruptcy of an individual, you can make the right decision: is it worth it or not.

Consequences for the debtor during bankruptcy proceedings

The defaulter may feel the first echoes of the bankruptcy procedure even during the conduct of the case (see). From the moment the insolvency petition is approved (depending on the appointment or restructuring of debts or the sale of property), the following features arise:

Regarding property rights

• Property Acquisition(purchase of real estate, transport, expensive things, securities, shares, authorized shares, etc.), the sale of one’s property (sale, exchange, etc.) is possible only with the consent of the manager, and when the sale of property is introduced, then in general these operations carried out by the financial manager personally without the participation of a citizen;
• Complete ban on donations their assets, contributing them to the authorized capital of firms, cooperatives, etc.;
• All registration actions with property(transfer of rights, encumbrance, etc.) is performed by the arbitration manager;
• Removal of the bankrupt from all operations on bank accounts, deposits and deposits (ruble, currency). These powers are exercised by the financial administration, including the right to demand bank cards from the debtor and block them.

Other personal rights

• The right to be a guarantor, act as a guarantor, buy and sell debts, pledge things is allowed with the permission of the financial manager;
• Prohibition on the purchase of securities, shares, shares, shares of legal entities;
• Travel restrictions(the courts introduce such a measure at their own discretion, they can at the request of creditors). There are cases when a ban on traveling abroad is not introduced;
• Ban on opening bank accounts- from the moment of the sale of the property, the opportunity to open / close accounts in banking and other financial institutions remains only with the financial administration.

About debts

• the amount of debt is fixed by freezing interest, fines, forfeits, penalties, etc.;
• cases with bailiffs are stopped (except for some: alimony, harm to health, and the like);
• all claims and claims are accepted in the only court - which conducts a bankruptcy case;
• contracts, contracts and agreements under which the debtor is provided with services and works may not be executed at the request of the performers (contractors) without taking into account the opinion of the citizen;
• debts are paid in order of priority (determined by law) according to the restructuring plan, and if the court has ordered the sale, then as the debtor's assets are sold.

What to Expect After Bankruptcy - Negative Points

The result of the procedure justifies its expectations and brings unpleasant surprises.

The huge, albeit the only, advantage of the whole undertaking is the complete release from debt obligations (see). In fact, debts are written off at "0" without regard to the amount of the remaining debt. Before such creditors, deprived of attention and the ruble, the bankrupt is clean. At the same time, it does not matter whether the creditor participated in the procedure, having received modest compensation, or did not know the events at all, without even having time to hint at his intentions. If the court declared the procedure completed, then ask the debtor nothing more!

But the negative consequences will be much more. Let's list them:

Repeatability of the procedure

• you can file another insolvency application no earlier than 5 years from the date of completion of the first case;
• at the same time, if a restructuring plan was approved in the case, then the next time it can be drawn up only after 8 years. This means that the next bankruptcy (if it is appointed earlier than 8 years (say, after 5 years)) will be inferior, without the possibility of restructuring (only the sale of property).

The need to inform others

• if a citizen has restructured his non-payments, then within 5 years after paying off the debt, he does not have the right to hide this circumstance (for example, when filling out a questionnaire for obtaining a loan, he must note this fact of his life in the appropriate column);
• if the sale of assets was introduced, then when receiving loans, loans and credits, he must report this information before he gives his name. Yes, and still insist that it be written into the contract.

Deprivation of the right to be a leader

• 3 years after the completion of the case, one cannot be either a founder, or a leader, or a member of the board, board of directors and other governing bodies of legal entities;
• if the debtor was an entrepreneur, then this period is extended to 5 years, moreover, having lost the status of an individual entrepreneur, it cannot be returned during this period.

Corruption of credit history

It contains information about the main events during the procedure (acceptance of an application, completion of settlements, exemption from further obligations, etc.).

What debts remain behind the bankrupt that cannot be written off

Do not be mistaken that, having completed a bankruptcy case, you can do away with all debts in one fell swoop. There are obligations that you cannot get rid of, even after going through the entire bankruptcy procedure:

• non-payment of alimony;
• the amount of recovery for causing damage to health, life, property;
• delays in payment of wages, severance pay (if the debtor is an individual entrepreneur or an employer in private);
• compensation for moral damage;
• debts that arose during the procedure, the so-called current debt.

It happens that standard arrears (loans, taxes, utility bills, etc.) after the completion of the case cannot be evaded.

The debt will not be reset if the citizen is convicted of violations of the bankruptcy procedure (fictitious, deliberate bankruptcy, reporting false data to the court, financial manager, etc.) or the debts were acquired by fraud, deceit, malicious evasion from their cancellation, etc.

How does bankruptcy affect families?

The recognition of a person as financially insolvent is a purely individual event, however, what is happening does not leave other people aside. The negative consequences of the bankruptcy of an individual for the relatives of the debtor are especially noticeable. The first risk group includes husbands and wives, then the rest of the relatives.

Spouse of the bankrupt

• The property of the debtor, in which there is a share of the spouse, is forcibly sold (to pay off debts), the husband / wife of the debtor is entitled only to monetary compensation in the amount of his share. At the same time, such a size is not always economically beneficial and fair. After all, if the spouses have a common debt or one gives an obligation for the other (guarantee, pledge, guarantee, etc.), then these obligations are fully repaid from the share of the citizen’s spouse and only the balance goes to the husband / wife.
• Husband's transactions with property can be disputed (on the assumption that this is common property, and personal wife / husband). Returned items go to the sale lot. The spouse is returned a share of the money if anything remains after settlements with the other party of the canceled transaction.

The rights of the husband / wife of a citizen are very meager, they only have the right to participate in matters of the procedure for the sale of assets, as well as in courts on transactions.

Problems with other relatives

• transactions between a citizen and relatives made a year before bankruptcy are disputed by the manager. Almost all of them are cancelled.
• family members of an individual, in view of the control of the debtor's budget by the financial manager, are deprived of a comfortable existence. They have to get used to a new life, reducing the level of their requests and expenses.

Their risks may depend on the individuality of the life situation, the characteristics of the relationship with the debtor, property and economic ties, etc.

for example, a citizen had shared ownership in a residential building and the land plot under it with his brother, mother and son. As a result of the sale of real estate within the framework of the procedure, an outsider became a co-owner instead of the debtor, which can lead to a conflict of interest in the use of the house and land, and other issues.

Hidden threats

In case of bankruptcy of individuals, the consequences for the debtor are not always so obvious and predictable. Often the behavior of a citizen can cause unpleasant surprises. The laws provide for criminal liability for the non-payer:

Forethought

When a citizen brings the state of his affairs under the signs of insolvency, but at the same time he could not allow this (Article 196 of the Criminal Code of the Russian Federation).

Example: a citizen lent money to his friend, but did not demand their return after the expiration of the loan agreement, did not go to court to recover non-payment, as well as to bailiffs to enforce the debt. As a result, an individual does not have the opportunity to pay off his creditors, but he could do this if he claimed his debt.

fictitiousness

The debtor, having created the appearance of a lack of finances, applies to the court to initiate proceedings, although in fact he is quite wealthy (Article 197 of the Criminal Code of the Russian Federation). Pursued goal: to obtain a deferral of payment of debts at the time of the introduction of the procedure or even write-off (forgiveness) of arrears.

illegality

Fraud with property (concealment from creditors, secret sale, deliberate destruction, etc.), settlements with an individual creditor to the detriment of others (out of turn, without respect for proportionality, etc.), illegal opposition to the arbitration manager (Article 195 of the Criminal Law) .

• A crime is considered committed if the offender's actions cause damage to creditors in excess of 1.5 million rubles.
• If the losses are less, then they can be held administratively liable under Articles 14.12., 14.13 of the Code of Administrative Offenses of the Russian Federation.
• I can also be brought to criminal (Article 159.1 of the Criminal Code of the Russian Federation) or administrative liability (Article 14.11 of the Code of Administrative Offenses of the Russian Federation) for the fact of concealing from banks and other lenders information about bankrupt events in the life of a citizen.

How to avoid negative consequences

It is unlikely that it will be possible to bypass the legal consequences of the bankruptcy of an individual, openly provided for by law. Therefore, everyone standing on the eve of a choice must weigh what is more profitable for him: to initiate the procedure or not to start this game. This is the basic rule of how to avoid the negative results of the insolvency case, that is, you need to decide for yourself which of the two evils is the lesser.

As for hidden threats during the procedure, you should follow a few simple principles so as not to get into a mess:

• Do not try to falsify documents, juggle circumstances (to create the appearance of insolvency), illegally manipulate property (to withdraw it from creditors), etc. The procedure is monitored by both creditors and the manager. All of them have their own interests, which do not always coincide with the debtor. Therefore, if they are given only a reason, then conflict and big problems can arise from this;
• Do not give priority to any of the creditors, since the infringed rights of others may lead to attempts to initiate a criminal case against you or an administrative offense case;
• Do not collude with the arbitration manager. Some of them (mostly decent and honest people in charge) are prone to adventurism and crime. For them, this is just another income, but for you a serious stage in life;
• Keep a close eye on the business, delve into all the details and details, participate in all meetings and meetings. With this control, you will exclude conspiracies behind your back. Let you not understand the significance of many events, but the very fact of your presence will discourage the desire to abuse your position, both for the manager and for the individual creditor.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

As the practice of recognizing individuals as insolvent has shown, which, we recall, has become possible since October 1, 2015, far from all citizens who formally meet the requirements for potential bankrupts (“; hereinafter referred to as the bankruptcy law) can exercise this right. The main reason is a significant amount of expenses: according to experts, the cost of one bankruptcy procedure for a citizen is on average 70-150 thousand rubles In this regard, the Ministry of Economic Development of Russia proposes to introduce, which will allow declaring insolvent even those debtors who do not have the requirements necessary to at least partially satisfy creditors and payment of the bankruptcy procedure itself funds.

At the same time, when considering cases of bankruptcy of individuals, such problematic issues are also identified that have not yet been resolved at the legislative level. One of them is the joint bankruptcy of citizens. Let us consider the consequences for debtors of the absence of such regulation.

Are there legal grounds for joint bankruptcy of citizens?

Based on the text of the provisions of the bankruptcy law devoted to the bankruptcy of individuals (), no: all relevant articles refer to the consideration of bankruptcy cases of individual citizens, and not several persons. Nevertheless, the courts, to which spouses-co-borrowers often apply for recognition of their insolvency, answer this question in different ways.

A number of courts, taking into account that the applicants have common obligations to creditors, for example, for mortgages, consumer loans, etc., combine the bankruptcy cases of each of the spouses into a single proceeding (decision of the Arbitration Court of the Moscow Region dated January 18, 2016 in case No. A41-85634 / 2015, decision of the Arbitration Court of the Novosibirsk Region dated November 9, 2015 in case No. A45-20897 / 2015).

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Other courts take directly opposite decisions - about the impossibility of joint bankruptcy of the spouses. Thus, citizen I. was denied a petition to merge her case and the case on declaring her husband bankrupt, because, according to the courts of first and appeal instances, she did not submit documents confirming the commonality of these cases on the grounds for the emergence of debt obligations, the circle of creditors and property constituting the bankruptcy estate of debtors. Also, I. did not properly substantiate her statement that the consolidation of cases would reduce the amount of bankruptcy expenses and lead to faster satisfaction of creditors' claims, the courts added. In addition, they noted the difficulty of creating a unified register of debtor creditors, since at the time of filing the application, the register of creditors of citizen I. had already been closed (decision of the Arbitration Court of the Perm Territory dated December 19, 2016 in case No. A50-19304 / 2016, decision of the Seventeenth Arbitration Court of Appeal dated February 2, 2017 No. 17AP-680/2017-GK).

Quite different conclusions formed the basis for the refusal to accept a single application for declaring spouses insolvent N. The court noted that the current legislation, including the one that determines the conditions under which an individual can be declared bankrupt, does not allow a plurality of persons on the side of the debtor, which means an application for declaring a debtor bankrupt can be filed only in respect of one citizen. Pointing out that the bankruptcy law does not provide for the rules on regulating the bankruptcy of two or more debtors within the framework of one case, the court returned the application to N.'s spouses and emphasized that the refusal to consider it does not deprive the applicants of the right to apply to the court alone with a demand to recognize the debtor bankrupt (determination of the Arbitration Court of St. Petersburg and the Leningrad Region dated January 10, 2017 in case No. A56-91219 / 2016).

When filing an appeal against this decision, citizen N. noted that the precedent for the joint bankruptcy of the spouses already exists in judicial practice. N. justifies the need to introduce a single procedure for declaring insolvent himself and his wife N. by the fact that all their credit obligations arose during the marriage and the borrowed funds were used for family needs, and the property of debtors, at the expense of which the claims of creditors common to both spouses can be satisfied , is jointly owned. However, the Court of Appeal agreed with the position of the Court of First Instance, noting that the subject in legal relations regulated by bankruptcy law is not the family, but each of the spouses. At the same time, the law provides for a special procedure for the sale of the debtor's property, which is part of the common joint property, in the framework of a bankruptcy case (), the court recalled. It assumes, in particular, that the bankruptcy estate includes a part of the funds from the sale of the common property of the spouses, corresponding to the debtor's share in it, and the remaining part is paid to the other spouse. In the case when the spouses have common obligations, first, from the funds due to the second spouse, payment is made for these obligations, and then the balance is transferred to him. This rule also does not provide for the possibility of bankruptcy of two debtors within the framework of one case, therefore the conclusions of the court of first instance are legitimate, the court concluded (decision of the Thirteenth Arbitration Court of Appeal dated February 22, 2017 No. 13AP-2589/2017).

The Supreme Court of the Russian Federation, where the spouses N. filed a cassation appeal, concluded that the applicants’ arguments were based on an erroneous interpretation of the provisions of the current legislation, and found no reason to disagree with the conclusions of the lower courts about the absence in the current legislation of the possibility of the spouses filing a joint application for bankruptcy().

For similar reasons, spouses R. were denied a single bankruptcy procedure (decision of the Arbitration Court of the Sverdlovsk Region dated May 18, 2017 in case No. A60-2356 / 2017).

Thus, the existing judicial practice in cases of bankruptcy of spouses is ambiguous. However, the issuance of the refusal decision of the Supreme Court of the Russian Federation indicated above may change it - in the direction of the inadmissibility of combining the cases of spouses into a single proceeding, practicing lawyers noted during the All-Russian conference "Development of the Bankruptcy Institution in Response to Modern Challenges", held at the Chamber of Commerce and Industry of the Russian Federation on November 30.

The impossibility of joint bankruptcy creates, according to experts, problems not only for those spouses whose debts are common - they, in fact, need to find funds for two expensive bankruptcy procedures, but also for the courts themselves. So, according to the Deputy Director of the Legal Department of the Siberian Bank of PJSC Sberbank Yulia Voronina, the judges do not have a unanimous opinion, for example, in which of the two cases the joint property of the spouses should be sold, what legal status does the spouse involved in the bankruptcy case of the other spouse to resolve issues on the sale of property have, and whether it is necessary in principle his involvement in this matter.

The issues of establishing a common debt and approving the procedure for selling the common property of debtors should be resolved in one case, but with the obligatory involvement of all participants in the second case, says Associate Professor of the Department of General Problems of Civil Law of the Russian School of Private Law Oleg Zaitsev. Moreover, in his opinion, for this it is not necessary to make any changes to the legislation - the possibility of considering cases according to such a scheme follows from the meaning, according to which all participants in the bankruptcy case of a person brought to subsidiary liability in the framework of another bankruptcy case can participate in the latter as third parties. This norm, like all general provisions of the bankruptcy law, can be applied to relations related to the bankruptcy of citizens that are not directly regulated by Ch. X of this law ().

What problems arise when one of the spouses goes bankrupt?

One of the most important difficulties in considering such cases is the correct determination of the bankruptcy estate. As a general rule, the recovery of the obligations of one of the spouses can be levied on the property belonging to him, as well as on the share in the common property of the spouses, which would be due to him in the division of this property (,). The requirement to allocate a share for the purpose of levying a penalty on it is stated by the creditor, the corresponding dispute is considered in court.

The corresponding rule that the bankruptcy estate may include a share in the common property of a citizen, which may be levied, and the creditor has the right to demand the allocation of this share, is also contained in. However, the next article of this law, which determines the features of the sale of the debtor's property, states: the bankruptcy estate does not include the debtor's share in the property owned by him and his spouse on the basis of common ownership, but a proportionate part of the funds received from the sale of this property (). This wording suggests that in bankruptcy cases, the common property of the spouses is sold regardless of the possibility or impossibility of separating the debtor's share in kind, which, according to many experts, infringes on the rights of co-owners, especially those who are no longer married to the debtors.

At the same time, there is no consensus in the judiciary about which court - general jurisdiction or arbitration - the creditor or financial manager should apply for the division of the common property of the spouses or the allocation of the share belonging to the debtor from it. Those who believe that the consideration of relevant cases falls within the competence of the courts of general jurisdiction are guided by the following considerations:

• categories of cases involving citizens that can be considered by arbitration courts are defined by law, including bankruptcy cases (). However, disputes on the division of spouses' property are not included in the relevant list;
• special norms of the bankruptcy law also do not contain an indication that disputes related to the division of the common property of spouses are under the jurisdiction of arbitration courts, which means that when considering them, one should be guided by the general rules of procedural law;
• as a general rule, all disputes arising from civil and family relations fall within the competence of the courts of general jurisdiction ().

Based on the foregoing, the courts come to the conclusion that the arbitration court is not entitled to make a decision on the division of property of the spouses, even if it is in the process of bankruptcy of one of them (resolution of the Twentieth Arbitration Court of Appeal dated August 1, 2017 No. 20AP- 3934 / 2017, the decision of the Fourteenth Arbitration Court of Appeal of October 19, 2017 in case No. A44-8242 / 2016, the decision of the Arbitration Court of the West Siberian District of June 22, 2017 No. F04-6934 / 2016).

Other courts, on the contrary, are sure that in the case when the bankruptcy case of the debtor is already being considered, the division of the common property belonging to him and his spouse is possible only within the framework of this case. In support of this conclusion, they refer to, according to which the property of a citizen, belonging to him on the basis of common ownership with a spouse or former spouse, is subject to sale in a bankruptcy case (resolution of the Thirteenth Arbitration Court of Appeal dated May 22, 2017 No. 13AP-7978 / 2017, appeal ruling of the Supreme Court of the Republic of Bashkortostan dated June 21, 2017 in case No. 33-12859/2017, appeal ruling of the Novosibirsk Regional Court dated July 4, 2017 in case No. 33-6344/2017). At the same time, the payment to the spouse or former spouse of the debtor of a part of the funds from the sale of common property, equivalent to his share in it, the courts consider as a sufficient guarantee of observing the interests of this person (Decree of the Arbitration Court of the West Siberian District of June 14, 2017 No. Ф04-6873 / 2016 in case No. A03-22218/2015).

***

To eliminate the problems that arise when considering bankruptcy cases for both spouses or one of them, the expert community proposes to implement several measures. Firstly, to legalize the institution of joint bankruptcy of citizens by supplementing the bankruptcy law with the corresponding norm, which will not only exclude the possibility of making conflicting court decisions, but also significantly reduce the cost of the bankruptcy procedure for many spouses. Moreover, it may be more appropriate to fix in the legislation not just the possibility of joint bankruptcy, but the obligation of the courts to combine bankruptcy cases of each spouse into a single proceeding, the head of the master's program "Legal regulation of insolvency (bankruptcy)" of Moscow State University named after M.V. Lomonosov Svetlana Karelina.

Secondly, to clearly articulate the features of the sale of the joint property of the spouses. In particular, to eliminate the inconsistency between the norms of civil and family law and the bankruptcy law. At the same time, in order to respect the rights and interests of the debtor's spouse, it is proposed to grant him a preemptive right to buy out the common property sold in accordance with the common property at the auction price.

Perhaps the legislator will listen to the opinion of practicing lawyers and, after considering the initiative already formulated as a draft law on the introduction of a simplified bankruptcy procedure, will pay attention to the regulation of the bankruptcy of spouses.

There is an opinion that the provisions of the norms of paragraph 4 of Art. 213.25 and paragraph 7 of Art. 213.26 of the Bankruptcy Law are in conflict with each other: is it still necessary to allocate the share of the bankrupt spouse first (if separation without sale is possible) or is it permissible to immediately sell the common property and subsequently give part of the proceeds to the other spouse? Based on the logic of paragraph 7 of Art. 213.26 of the Bankruptcy Law, it seems that the second option should work. However, this rule does not comply with Art. 35 of the Family Code and paragraph 2 of Art. 253 of the Civil Code of the Russian Federation that the disposal of property in joint ownership is carried out with the consent of all participants.
Again, let's use the term "foreclosure" whether we are talking about bankruptcy ...
If we go by analogy with enforcement proceedings, then we can be guided by the last Plenum on Enforcement Proceedings ... GD VS No. 50 dated 11/17/2015.
63. In the absence (insufficiency) of other property of the debtor, execution may be levied on the debtor's share in common (shared or joint) property in the manner prescribed by Article 255 of the Civil Code of the Russian Federation.
The bailiff, in order to execute the writ of execution, along with the debtor's creditor (collector) has the right to demand in court that the debtor's share in kind be separated from the common property and foreclose on it. In this case, other co-owners must be involved in the case.
If it is impossible to allocate the debtor's share from the joint property in kind, the court should decide on the issue of determining the size of this share.
If it is impossible to allocate a share in kind or the other participants in the common property object to this, the interested co-owner has the right to acquire the debtor's share at a price commensurate with the market value of this share (paragraph two of Article 255 of the Civil Code of the Russian Federation).
In the event that participants in common property were not notified of the foreclosure on the debtor's share and their right to purchase this share before the public auction was violated by its sale to other persons at public auction, then such a right is restored in the manner provided for in paragraph 3 of Article 250 of the Civil Code RF.

In my case, it is impossible to allocate the debtor's share in the right to a car ... As a way out, I will offer the debtor's spouse to purchase the debtor's share "in a jointly acquired car" and it will be necessary to somehow legitimize this transaction by the UK ... or maybe the debtor's spouse should contact to the arbitration court with the corresponding move on the readiness to acquire the debtor's share ... (worth 1/2 of the cost of the car, determined by the financial manager). The debtor's spouse really doesn't want to lose the car....

Some of the consequences of declaring bankruptcy for individuals are kept secret, for example, the consequences that will affect relatives. If the restrictions that will directly affect the bankrupt himself are contained in the legislation, then the consequences for relatives are not spelled out anywhere! What are they like? In this article, we will tell you everything about what awaits citizens during bankruptcy, and after its recognition!

Since October 1, 2015, citizens have been able to legally forget about the heavy debt burden forever. For the implementation of such a procedure, a separate procedure is provided, which is set out in the bankruptcy law. And, as court practice shows, in reality, the consequences of bankruptcy are much greater than it is described in the legislation. Let's look at everything in order.

Consequences of bankruptcy of individuals

What is the bankruptcy procedure for? faces? Of course, for the sake of writing off debt obligations to banks and other creditors! After all court hearings, banks are no longer entitled to make claims against you. This is the main consequence of the procedure.

Other legal consequences of the procedure include the following:

• the person in relation to whom bankruptcy was carried out will not be able to go through the procedure again within 5 years after the end of the sale of property and within 8 years after the end of debt restructuring;
• a bankrupt will not be able to hold leadership positions for 3 years. Thus, you will temporarily not be able to be the CEO, be on the board of directors of the organization;
• within 5 years you will not be able to open an IP;
• a bankrupt will not be able to hide the fact of bankruptcy, and take on new loan obligations without prior notice to the credit institution;
• your credit history will be ruined.

To get a consultation

I remember someone wrote in another thread:

According to the aforementioned article 213.13, in order to immediately introduce the sale of property, there must be lack of sources of income. Based on paragraph 3 of Art. 213.4 a document confirming the absence of a source of income for a citizen is a decision on recognizing a citizen as unemployed, issued by the state employment service.
The above decision does not say anything about the lack of income for citizens, on the contrary, at least one of the spouses definitely has a source of income! It seems to me, given the participation of at least five credit institutions in the case, this is another reason to cancel the decision in case of appeal!

I do not quite agree with the conclusions. There is no obligation to register with the employment center. No income can ever be 100% proven. Nothing prevents you from being an underground millionaire. And therefore, only according to the totality of documents (from the FIU, tax, employment center, etc., etc.). And now attention, deadly number:

In accordance with paragraph 8 of Art. 213.6. Federal Law "On Insolvency (Bankruptcy)" dated October 26, 2002 N 127-FZ, based on the results of consideration of the validity of an application for declaring a citizen bankrupt, if a citizen does not meet the requirements for approval of the debt restructuring plan, established by paragraph 1 of Art. 213.13 of the Federal Law "On Insolvency (Bankruptcy)", the arbitration court has the right, on the basis of a citizen's petition, to make a decision on declaring him bankrupt and introducing a procedure for selling the citizen's property. But this is not all, in fact, we look at paragraph 2 of Art. 213.14 -
2. The term for implementing the plan for restructuring the debts of a citizen cannot be more than three years. In the event that a plan for restructuring a citizen's debts is approved by an arbitration court in the manner established by paragraph 4 of Article 213.17 of this Federal Law, the period for implementing this plan should be no more than two years.

So, if we fail to meet three years in terms of income and other conditions - WHAT TO PULL RUBBER? Have an income? Will he actually be able to spend it on creditors? Is he eating and sleeping all this time? What about feeding the children? The cost of living in our region is 8-10 tr. official. So - a non-working spouse + 2 children = 4 mouths for at least 40 tr. per month. Even income doesn't help much. Who prevents from immediately pointing out this fact and proving it documented. The second question - who said that the transition to bankruptcy immediately is an infringement of the interests of creditors?!!! And what about the powers that arise to challenge transactions, without losing time in the preemptive deadlines for challenging on special grounds? What about cost reduction? There is at least a double-edged sword here and there is something to discuss.

Remember - this is just an opinion.