The bankruptcy of an individual is the inability of a debtor (citizen) recognized by law to satisfy in full the claims of creditors for monetary obligations or to fulfill the obligation to pay mandatory payments.
Signs of bankruptcy: - A citizen is unable to fulfill the claims of creditors for debt obligations due to lack of funds, or he cannot fulfill obligations to pay payments. Also, a citizen will be considered bankrupt if the obligations have not been fulfilled by him within three months from the date when the debt was to be repaid and his debt exceeds the value of the property. - A legal entity is considered incapable of satisfying creditors' monetary obligations and fulfilling obligations to fulfill payments within three months from the date on which they are to be performed.
The basis for initiating a bankruptcy case for an individual is an application for declaring the debtor bankrupt, which must be filed with the arbitration court in compliance with all the rules specified by law. Such an application can be submitted as a creditor, an authorized body or the debtor himself.
For the arbitration court to accept an application from a creditor or an authorized body, the following grounds are required: - the monetary claims of the creditor or the authorized body against the debtor must be at least 10,000 rubles; - the funds must be established; - the debtor's obligations are not fulfilled within three months; - the 30-day period has expired from the moment the executive document was sent to the bailiffs and the debtor;
Grounds necessary for the arbitration court to accept the debtor's bankruptcy petition: - if the debtor refers to circumstances indicating the failure to fulfill monetary obligations and the obligation to pay obligatory payments within the specified time; - if the foreclosure on the debtor's property makes it impossible to continue the economic activities of the debtor; - if the satisfaction of the claims of one creditor leads to the fact that the performance of monetary obligations by the debtor becomes impossible to other creditors.
The basis for the acceptance by the arbitration court of the bankruptcy application of the debtor in liquidation is the liquidation of an individual, in which it is established that it is impossible to satisfy all the creditors' claims.
For the arbitration court to accept the application of the creditor or the authorized body on the bankruptcy of the absent debtor, one of the following grounds is necessary: - the debtor or the manager of the debtor who has actually completed his activities is absent; - the debtor's property cannot cover court costs in the bankruptcy case; testifying to the absence of entrepreneurial or other activities of the debtor; - if, within 12 months before the date of filing the application, with the knowledge of the debtor as bankrupt, no transactions were carried out on the debtor's bank accounts.