Precedent or incident?
Actually, first talk about the possibility of recognition of physical persons bankrupt began about a year or two ago. Despite the virtual absence of a regulatory framework for this issue, lawyers actively working towards helping debtors. Naturally, not gratuitous. But until one known precedent - in Kharkov person blamed 300,000 hryvnia debt that is officially released on the credit load. It confirmed the decision of the Economic Court of Kharkov. Kharkiv pensioner, Tatiana Osipova - Ukraines first individual bankrupt. Her story began last summer with the retirement. College professor Tatiana Osipova acquired loan office space, then to his lease. Invest advised friends, they say, is good supplement to the monthly pension. But the crisis has made adjustments and take the space has become less profitable. Pay a loan from his own pocket pensioner could not. A sales office is still not solve anything. Its price plummeted, and became three times less than the amount Tatiana Osipova had to repay the bank.
Yet it is worth recalling the only condition for a man who retired as Kharkov, wants to go bankrupt - need to be an entrepreneur. Contents can be an entrepreneur (more on this below) and on the eve of the recognition of bankruptcy.
In the banking association said: during the procedure a person loses all property not only what was on bail. Therefore, the best way to call bankruptcy difficult. Is suitable only for those who have not registered in their own name no apartment, no car.
Scheme of withdrawalfrom the obligations under the loan agreement now actively promotes a whole galaxy of lawyers, including Mr R. (he heads the Counseling Center for bankruptcy). But, thats what the Internet tells N., one of insolvent debtors, I - the borrower. Me hanging mortgage 210 000 hryvnia., Which I can not pay because of problems at work. In April this year, I turned to this gentleman made an advance payment of $6,000 and began to hope for a positive outcome of my case. The basis for this - the statement of R. hundred cases won. As a result of what we have at the moment: 1. me creaking recorded until early July SPDshnikom although normal lawyers would have done it for 2 weeks; 2. Bankruptcy proceedings Commercial Court twice refused to initiate - these pseudo- LAWYERS could not even properly prepare documents; 3. Now I already dofiga sanctions (fines) from the bank (since I do not pay April - for their advice showing the inconsistency) 4. IM JUST in limbo; 5. Learned from the press that 100 cases won no they do not. There is ONE won the case, but there were debts written off behalf of entrepreneurs, and it is on a loan that was taken into business development. Im shocked! This friend and does not want to hear about the refund!
Mr. and Mrs. H. J. echoed: THINK! Advocating mass bankruptcy, Mr. R. delicately forgetsto inform his clients that he is no guarantee as to the responsibility for providing substandard service does not carry. Meanwhile, courts of appeal overturned the decision massively local courts in bankruptcy, start checking police, tax, and consultants bankrotchiki throw their customers to fend for themselves. Debtors are turning to advisers with the requirement to recover their money, but instead they are to begin a new adventure... for a sum. Thus, the unfortunate debtors instead of looking to the bank out of the situation - namely, through restructuring, deferred loan spend money on questionable advice that result in criminal proceedings.
Finally on this issue. Naturally, Pushed to outstanding loans, many Ukrainians have decided to take a chance and try to get rid of debt by the above method. All worth trusting to announce that at the end of last year, the General Prosecutors Office sent prosecutors Crimea, regions, cities of the letter in which this scheme is called bankruptcy a kind of fraud.
Thus, because of the current situation in Ukraine, many borrowers would be easier to give the bank acquired the property and close the issue. But no. Citizens have the burden of satisfying the requirements of its lenders for life, passing on their debts inherited children. Yield, in principle, to legitimize the bankruptcy of individuals (not businesses). This question has been much discussed recently largely due to the fact that in the spring of 2009 was registered in the parliament a draft law #4273 On Amendments to Some Laws of Ukraine (regarding the bankruptcy of an individual).While the prospects for adoption of the bill are vague: the question itself is quite painful, and the project is far from perfect. Thus, the main scientific and expert management of the Verkhovna Rada of Ukraine gave a negative opinion on it, paying attention to the timeliness of the proposed short stories, explaining the fact that the bankruptcy of individuals in many cases it will be less to do with the personal fault of the debtor, as the global financial crisis, the effects of which are exacerbated by inadequate our country banking policy.
It should be noted that, preventing abuse of the law, the developers of the bill propose tough restrictions on the rights of bankrupt: the next five years after the bankruptcy of the person can not engage in business or take up leadership positions, and even take out loans to buy property. According to some lawyers, such a revision, first, contrary to the Constitution of Ukraine, and secondly, for a long time without leaving the country most of the most enterprising and active groups in society - entrepreneurs honest taxpayers. Instead proposes to extend the time during which a person may not be re- declared bankrupt, with five to ten years.
An important issue is also caused serious objections experts - the minimum amount of debt is sufficient for initiation of bankruptcy lawyer. Now proposed size 150 minimum wages, and this is just a little more than 10,000 U.S. dollars at todays exchange rate. The dangers of such low amounts that may appear illusion availability of bankruptcy as a way not to pay even a small debt. Proposed to increase the amount of debt is sufficient for initiation of bankruptcy proceedings, from 150 to 300 minimal salaries.
That bankruptcy law individuals should prevent abuses by creditors and debtors. But, the bill submitted to the Verkhovna Rada, if adopted without change, will allow a person to bankrupt even time for unpaid alimony 1 hryvnia. And there is a clear opportunity for abuse of creditors. Debtors can also take advantage of the imperfection of the bill and go to court with debt only 1 hryvnia, arguing that they had no property. When BP will be able to adopt a law on bankruptcy of individuals? Very difficult to predict. It is clear that the financial lobby, representing the interests of banks, will strongly oppose it. For example, in Russia such a bill tynyaetsya in the backstreets of the State Duma in 2006. Of course, against the adoption of such a law firm and collection. With debts of bankrupt! Affects the interests and antikollektorov, but many of them are very well re-classified for services on implementation of bankruptcy in problem cases.
Whatever it was, the bankruptcy of individuals are in many foreign countries. With international practice based on the recognition of the institution consumer bankruptcy boon to conscientious citizen. Legislators in other countries see in bankruptcy not only a way for law enforcement to recover debts to creditors, but also a tool to facilitate trade. Continued economic and social status of citizen of the debtor is not altruism State the expense of creditors, and the mechanism of protection of all trade from individual selfishness, particular lender. Yes, bankruptcy could save and give many Ukrainians breathe calmly in emergency and difficult situation. Bankruptcy mechanism would give these people the opportunity to take a temporary time-out to restructure its debt, and not to bear the burden of a lifetime of debt. In addition, bankruptcy and profitable economy and citizens and a bit sobering creditors. And we have it, oh, how necessary!