RusBankrot
We know everything about bankruptcy
22/10/2024
Tuesday
THIS DAY IN HISTORY:
22 October 
1970 Joseph Brodsky received the Nobel Prize in Literature.
1970 The Pope overturned the verdict of 1633, condemning Galileo.
1970 Bankers' Panic or Knickerbocker Crisis.
22 October
1970 Joseph Brodsky received the Nobel Prize in Literature.
1970 The Pope overturned the verdict of 1633, condemning Galileo.
1970 Bankers' Panic or Knickerbocker Crisis.
PART OF THE MONEY FROM THE SALE OF THE ONLY MORTGAGE HOUSING WILL BE LEFT TO THE BANKRUPT. BUT THIS IS NOT ACCURATE
The Ministry of Economy has developed a bill offering additional guarantees to bankrupt citizens whose mortgage housing is the only one. After the sale of such housing and after repayment of debts to the credit institution and primary creditors, it is proposed to leave the remaining funds to the bankrupt for the purchase or rental of housing, rather than direct them to repay the remaining debts. The amendments were developed in compliance with the decision of the Constitutional Court.
Earlier, the State Duma had already tried to ease the situation of bankrupt citizens with a single mortgage. So, the State Duma previously adopted a law according to which the debtor can conclude a settlement agreement with the bank, without taking into account the opinion of other creditors. Before that, the debtor could keep the housing under a settlement agreement only if it was approved by creditors, or during debt restructuring.
According to Kommersant, the bill proposed by the Ministry of Economy implies that funds from the sale of mortgage housing will be sent to a special account. At first, they can only be used to cover the costs of ensuring the safety of housing and its sale at auction. After that, up to 90% of the proceeds will be used to repay the claims of the credit institution, and 10% will be transferred to repay the claims of creditors of the first and second stages. If there are funds left after that, they can be excluded from the tender.
First Deputy Head of the Ministry of Economy Ilya Torosov noted that the bill provides debtors with "an additional guarantee of protection of their constitutional right to housing, granting executive immunity to funds remaining after repayment of the claims of the collateral creditor." It will be possible to use these funds to buy or rent new housing. At the same time, the amount that is excluded from the bankruptcy estate may be reduced in court at the request of the persons involved in the case to the amount that would meet the needs of a citizen and his family in a residential building. This amount can also be reduced if the debtor is dishonest.
Earlier, the State Duma had already tried to ease the situation of bankrupt citizens with a single mortgage. So, the State Duma previously adopted a law according to which the debtor can conclude a settlement agreement with the bank, without taking into account the opinion of other creditors. Before that, the debtor could keep the housing under a settlement agreement only if it was approved by creditors, or during debt restructuring.
According to Kommersant, the bill proposed by the Ministry of Economy implies that funds from the sale of mortgage housing will be sent to a special account. At first, they can only be used to cover the costs of ensuring the safety of housing and its sale at auction. After that, up to 90% of the proceeds will be used to repay the claims of the credit institution, and 10% will be transferred to repay the claims of creditors of the first and second stages. If there are funds left after that, they can be excluded from the tender.
First Deputy Head of the Ministry of Economy Ilya Torosov noted that the bill provides debtors with "an additional guarantee of protection of their constitutional right to housing, granting executive immunity to funds remaining after repayment of the claims of the collateral creditor." It will be possible to use these funds to buy or rent new housing. At the same time, the amount that is excluded from the bankruptcy estate may be reduced in court at the request of the persons involved in the case to the amount that would meet the needs of a citizen and his family in a residential building. This amount can also be reduced if the debtor is dishonest.
06.08.2024
