few months ago, the most risky of Ukrainians were tempting idea to get rid of the cheap unaffordable loans. But in the end the courts no longer seen and the actual bankruptcy case business-physical persons.

first talk about the possibility of recognition of natural persons has commenced bankruptcy about a year ago. Despite the virtual absence of regulatory framework on this issue, lawyers are actively looking for an opportunity to save a client from bad loans and not stay with the debtor
History

recognition bankrupt pensioner of Kharkov was the climax. Woman, for which including mortgage debt of $ 70 thousand in the courts managed to achieve the following: it gives the bank the collateral property at the time valued at $ 20 thousand, and more debt for it is not listed.

schema that describes then “helpers bankruptcy”, is as follows. First, the borrower is registered as an entrepreneur, and in the course of its activities as soon as possible arises debt of not less than 300 minimum wages. Then, either the employer or someone from his alleged creditor demands recognition of its bankrupt during the procedure to remedy the property is sold, and the remaining amount is recognized as bad debt and written off. Interestingly, in Ukraine found a sufficient number of borrowers who have decided to risk it and try to get rid of debt in this way. In any case, late last year, the General Prosecutor”s Office sent prosecutors Crimea, oblasts, cities of Kiev and Sevastopol letter in which this scheme of bankruptcy of a private entity called “a kind of fraud.”

Many lawyers were surprised such a leisurely reaction Prosecutor General”s Office, for high profile cases dating back from August and September. But the surprise is just not worth - it seems that attempts to bankruptcy as described above began to appear en masse after the trials KHARKOV. But the case itself culprits fuss was somewhat different. First: a resident of Kharkov was registered as the SAP long before the bankruptcy, and even before receiving the loan. Second: it was a real estate office, which is leased, which means that the property was directly related to business. That is the first bankruptcy of natural persons has proved to be the most common bankruptcy SPD. But such a possibility in Ukraine provides for the Law “On restoring solvency of the debtor or declaring it bankrupt, passed in 2000.

As a rule, the lack of communication between the mortgage and economic activity is the main argument against the inclusion of banks” mortgage assets in the “floating mass”. Indeed, on the one hand, physical persons, a businessman in bankruptcy is responsible for the debts of all its assets, even those which, in mortgage from the bank. On the other, the law stated that the debts of physical persons-SPD should be linked to business and not wearing a personal nature. Supporters of bankruptcy insisted that the obligation of personal nature - are those that are inextricably linked with the personality of the creditor, they can not sell, assign, inherit. Example alimony. Other lawyers on the basis of the practice argued: the likelihood that in the course of bankruptcy such debts will be written off, is very small. At the moment it was over the decision of the Supreme Economic Court of Ukraine from 20.10.2009 g., which determined that physical persons-SPD in arrears, which is not a consequence of doing business, do not fall under the scope of regulation of the Act and may not be the subject of bankruptcy under provisions of the Law of Ukraine “On the reconstruction of the debtor”s solvency or the recognition of its bankruptcy.”

Interestingly, at the end of 2009, no case of bankruptcy of physical persons-SPD, which appeared a bank loan, was not completely won. And now, given the letter to Prosecutor General”s Office, many judges wary of recognition bankrupt entrepreneurs.

Economic courts refused to initiate mass production in cases in which bankruptcy proceedings initiated by private individuals. And the courts of the higher courts override the decisions of courts of first instance of recognition bankrupt SPD. Even the judge of the Economic Court of Kharkov region Shvydkin Andrew, who decided on the notorious case of “the first bankruptcy of physical persons,” recognizes that today the chances recognize SPD bankrupt and to hold on this basis, the elimination procedure are very small.

“Today, many physical persons-entrepreneurs, are in bankruptcy proceedings, have consumer loans. However, the jurisprudence there have been various interpretations of whether to include this part of the debt in a shared commitment to meet the demands of creditors. Gaps in the law leads to delay bankruptcy proceedings physical persons-entrepreneurs, since banks often deny judicial decisions, while not agreeing with them “- believe the judge.

And in recognition of the bankrupt denied even those entrepreneurs who do not declare the mortgage loan, or those who agreed with the banks that decision. Lawyers believe that until a clear description of the procedure and characteristics of such failures, hope to change the situation is not worth it.

Victoria Poda
Terminals iBox blocked for a week
Russia”s banking system a year working at a loss
Advertisement well itself shows
Steelmakers are returned to the modernization of production
Russia market remains one of the few world sites that are in positive territory since the beginning of the year
At the moment the stock and commodity markets look oversold, and quite possible a quick rebound in prices
Another drop in oil prices once agad0cin is the main negative for the shares of Rosneft, Lukoil, Tatneft
Accelerating the reduction of quotations on the market of Russia in the coming days it is very likely
Rising futures on U.S. indexes suggest that Russia”s indexes can go in, plus the opening exchanges of America