The Federal Tax Service of Russia offers to bankrupt the citizens without bringing the court and arbitration manager into the process

The Federal Tax Service of Russia offers to bankrupt the citizens without bringing the court and arbitration manager into the process

The Federal Tax Service of Russia offers to bankrupt the citizens without bringing the court and arbitration manager into the process
For the moment, an active work on a draft law on the bankruptcy of citizens is underway. The goal of this draft law is to simplify and reduce the cost of the procedure for the bankrupts themselves.

Previously, we have already published a material about this draft law. We should remind that it was proposed to introduce the possibility of bankruptcy of an individual without submitting a corresponding application to the court. The condition for using this draft law is the amount of debt from 50,000 to 500,000 rubles.

However, the procedure included an appeal to the arbitration manager, who was to assess the compliance of the situation in accordance with the law on the simplified procedure and conduct bankruptcy without the participation of a judicial authority.

The Federal Tax Service went further and proposed not only to manage without a court, but also without an arbitration manager in the cases of the bankruptcy of citizens with debts of 50,000 - 500,000 rubles In addition, it was proposed to shorten the bankruptcy procedure by making it six-month long (the annual term was previously discussed), and also to exclude individual entrepreneurs from the list of bankrupt citizens.

According to the tax authorities, it is necessary to approve a special application form on the EFRSB website for such cases. After the publication of a bankruptcy petition, any interested person has a right to to challenge its extrajudicial conduct in court during the entire period of the procedure (within 6 months). Upon the satisfaction of the claim, bankruptcy will have to go into the category of litigation.

In the absence of any objection, the citizen will be debited from his debts after six months, with the exception of the debts on alimony, salary and severance pay, compensations for moral damage, as well as harm to life and health.


30.03.2020