On July 13,\nthe second in a series of online conferences dedicated to bankruptcy was held\nby MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d together with the Dolg.RF portal and Rykov\nGroup. The discussion focused on the draft law on out-of-court bankruptcy of\ncitizens.<\/p>\n\n\n\n
According to\nits author, Chairman of the State Duma Committee on Natural Resources, Property\nand Land Relations Nikolay Nikolayev, the draft is currently ready for\nconsideration in the second reading. Deputies are waiting for a response from\nthe Government of the Russian Federation. “We have simplified the\nprocedure for filing an application for out\u2013of-court bankruptcy as much as\npossible, – Nikolayev said. \u2013 It seems to me that even a five-year-old child\ncan apply to the MFC, and if he can’t, then the center’s specialist will help\nthem on the spot.” At the same time, if the creditor believes that the\ndebtor who filed for bankruptcy is lying, and he himself is able to pay off the\ndebts, then nothing prevents from filing a lawsuit to court. If it is obvious\nthat the debtor is not creditworthy, then the out-of-court bankruptcy procedure\nwill save the creditor money and time. Nikolayev’s speech caused a rather tough\ndiscussion and a lot of acute questions from the arbitration managers. Responding to one of them, that the bill\nallegedly introduces an imbalance in the relationship\n“creditor-debtor”, the deputy said: \u201cWe have done our best to keep\nthe balance of interests of debtors and creditors. At the same time, let’s not forget that\nlenders often do not behave very correctly when offering loans to people.\n“<\/p>\n\n\n\n
Moderator of\nthe conference \u2013 Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d,\nnoted that “such a bill is definitely needed to cope with the wave of\nbankruptcies that is coming to us.” According to the lawyer, last year the\nnumber of registered bankruptcy applications approached 100 thousand. This\nyear, due to the economic problems associated with the pandemic, bankruptcy\ncould affect several million Russians. \n\u201cOf course, even 10 thousand arbitration managers are not able to cope\nwith such a wave,\u201d- Filippov noted.<\/p>\n\n\n\n
Lawyer of\nRykov Group, Elena Kharlamova, recalled that only those who have from 50 to 500\nthousand rubles of debt and in respect of whom the enforcement proceedings have\nbeen completed due to lack of property, will be able to take advantage of\nout-of-court bankruptcy.<\/p>\n\n\n\n
Andrei\nKhokhlov, senior lawyer at the \u201cDe jure\u201d Department of Legal Support for\nBankruptcy of Credit and Financial Organizations, focused on the topic of\nenforcement immunity – the principle of the inviolability of the minimum\nproperty necessary for the existence of a citizen debtor and his family.<\/p>\n\n\n\n
Vadim\nMakarichev, lawyer of \u201cDe jure\u201d, shared his experience related to the sale of the\ndebtor’s only home, which is not always modest. \nIn one case, creditors offered to put money on a court Deposit to buy a\nmodest home for the debtor and then sell a house that they considered\nluxurious. In\nthis case, the court did not allow this to be done. In another case, creditors\nachieved that the bankruptcy trustee in the framework of enforcement\nproceedings bought home for the debtor and put up for auction more expensive\nreal estate. And when the debtor tried to challenge this decision, the court\nsided with the creditors, pointing out that the debtor owns two residential\npremises. \u201cIn my opinion, today there is hope that the Supreme Court will\nchange its position on the sale of the debtor\u2019s only home, provided that he\nwill be given another home,\u201d – Makarichev summed up.<\/p>\n\n\n\n
The full\nrecording of the online conference can be viewed on the \u201cDe Jure\u201d YouTube\nchannel<\/p>\n","protected":false},"excerpt":{"rendered":"
On July 13, the second in a series of online conferences dedicated to bankruptcy was held by MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d together with the Dolg.RF portal and Rykov Group. The discussion focused on the draft law on out-of-court bankruptcy of citizens. According to its author, Chairman of the State Duma Committee on Natural…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111],"tags":[163],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33293"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=33293"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33293\/revisions"}],"predecessor-version":[{"id":33294,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33293\/revisions\/33294"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33293"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33293"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33293"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}