SENATORS CAN ALLOW PENSIONERS GO THROUGH EXTRAJUDICIAL BANKRUPTCY

SENATORS CAN ALLOW PENSIONERS GO THROUGH EXTRAJUDICIAL BANKRUPTCY

SENATORS CAN ALLOW PENSIONERS GO THROUGH EXTRAJUDICIAL BANKRUPTCY
An initiative group of senators came up with a legislative proposal. The draft normative act, if adopted, will enable each recipient of an insurance pension to go bankrupt out of court. Now it is necessary to get a government response on the submitted project.  

According to TASS, the draft confirms the possibility of going bankrupt for anyone who receives an insurance pension. The basis for a pension can be not only age, but also disability or loss of a breadwinner. The main thing is that the citizen should not have other sources of income, and the size of the pension should not exceed two times the minimum subsistence level. Then the Russian can become insolvent without the intervention of the court.

According to Andrey Kutepov, who heads the Federation Council Committee on Economic Policy, the adoption of the law will make the procedure for recognizing insolvency out of court more widespread, and will allow those citizens who cannot do it in accordance with current legislation to use it.

In the same bill, the members of the Federation Council propose to establish the maximum size of the debt of citizens to a million rubles.

This is two times more than the maximum threshold for debt to creditors established for such a bankruptcy procedure now (it is 500 thousand rubles, while the minimum is 50 thousand). Only if the total amount of funds in the bank accounts of a citizen does not exceed 50 thousand, he or she can be declared insolvent on the basis of the decision of the arbitration manager, without the intervention of the court.

The initiative group of drafters of the bill, having raised the maximum threshold values ​​by half, proposes to split the obligations into two parts. The first group in this case will include all monetary obligations associated with loans, sureties or alimony payments. The second part of the debt will be the requirements for the payment of mandatory payments.

For each of them, the maximum amount will be 500 thousand, but all obligations together can reach a maximum of 1 million rubles minus one kopeck.

We should recall that the legislative possibility of bankruptcy for citizens of the Russian Federation appeared in October 2015. And in the fall of last year, norms governing the procedure for obtaining an appropriate legal status out of court by citizens were introduced into the law.


14.04.2021