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Today, on September 1, the law has come into force, which provides for a simple out-of-court procedure for bankruptcy of a citizen. It has been running in a test format for two weeks now.
"We have been testing all the elements of our program for two weeks, so that everything is as convenient, fast and clear as possible for a person who has come to bankruptcy under an out-of-court procedure. The President instructed to simplify the procedure of bankruptcy of citizens, " Deputy Minister Ilya Torosov noted. He said that the involvement of MFC in the procedure will be a new milestone in their development, they will be able to process and verify data, interact with the tax service and the bailiff service.
According to the method, in order to use the procedure, a citizen submits an application to the MFC at the place of his/her stay. The MFC verifies the citizen's compliance with the terms of the procedure and places a notification of the beginning of the procedure in the Unified Federal register of bankruptcy information.
After that, within six months, the enforcement proceedings on the citizen's debts are suspended, no penalties and fines are accrued. But the citizen is also subject to restrictions – he does not have the right to receive loans, draw upon a credit, issue guarantees.
During this period, the citizen's creditors may apply for the introduction of a general bankruptcy procedure against the citizen. After 6 months, the out-of-court bankruptcy procedure is completed, and the citizen is released from the debts that were specified in his application.
It should be noted that in addition to the general consequences of bankruptcy, a citizen is subject to another restriction – he will be able to re-use the procedure of out-of-court bankruptcy only after 10 years.
Citizens whose debt amounts from 50 to 500 thousand rubles, in respect of which bailiffs conducted enforcement proceedings, and it was ended due to the lack of property of the citizen, will be able to use the new procedure and get rid of impossible debts.