The amount of the state fee for filing a bankruptcy application

State duty for bankruptcy of an individual 2020

Previously, subparagraph 5 of paragraph 1 of Article 333 of the Tax Code of the Russian Federation established the amount of the state duty when filing an application for bankruptcy of an individual (insolvency of a citizen) in the amount of 6,000 rubles (six thousand rubles). The new resolution states that from January 1, 2020, the state duty for bankruptcy of an individual will be 300 rubles (three hundred rubles).

These changes were caused by a large number of requests from citizens on the issue of reducing the state duty in a bankruptcy case, since physical bankruptcy in itself is not a free procedure, and for people who already have arrears on a loan or loans and debts through the roof (more than 500 tons .r.) – every penny counts. And the reduction in the state fee for bankruptcy court from 6,000 to 300, which is 20 times, was a pleasant surprise.

Payment of state fees in a bankruptcy case

Bankruptcy allows debtors to get rid of debts, calls from creditors and collectors, and start a “new” life.

Like any procedural procedure, bankruptcy requires financial costs. Such funds are necessary to pay for the services of lawyers, managers and the court.

Price varies regionally.

The party that initiates the procedure bears the cost of paying the state fee. The lack of special knowledge will cause the need to contact lawyers regarding the issue of drawing up a claim, which also has a certain cost.

Postage costs must also be included in the event budget.

De jure, all costs incurred will be borne by the debtor. Practice shows that reimbursement of these costs remains in question in the event of a complete absence of property from the bankrupt.

It is necessary to understand that payment for the services of the arbitration manager is also carried out at the expense of the initiating party. As a rule, such a person not only manages the debtor, but also represents the interests of the initiator in the lawsuit.

Payment upon appeal

The Arbitration Procedure Code of the Russian Federation provides for the possibility of appealing against rulings made by the court in the process of resolving cases related to bankruptcy.

The legislator has provided a 10-day period for filing an appeal against a ruling that has not entered into legal force.

How much state duty must be paid when appealing a ruling to the appellate authority?

In addition to the Arbitration Procedure Code of the Russian Federation, procedural provisions on bankruptcy are reflected in a number of federal laws that are related to the insolvency of debtors.

Appeals against rulings made by arbitration judges are carried out within a separate proceeding, which is not related to the appeal of the final judicial act in the case.

The list of such definitions is established by the legislator. The period for filing appeals is limited to 10 days, which begins from the date of the ruling.

Along with the documents that, according to the appellant, substantiate his position, payment receipts indicating payment of the state duty are also submitted to the court.

The amount of payment made for the purpose of revising the determinations is equal to half the amount of the state duty that would be paid in the event of a claim of a non-property nature.

Another appeal procedure characteristic of the arbitration process is challenging transactions carried out by the debtor. The amount of state duty that must be paid by the applicant is determined by sub. 2 p. 1 art. 333.21 Tax Code.

The conditions for bankruptcy of an individual are prescribed by law and all points must be carefully followed.

What documents are needed to declare an individual bankrupt - read here.

Read about the order of payments in case of bankruptcy of an enterprise here.

Source: https://sudznatoki.com/oplata-gosposhliny-v-dele-o-bankrotstve/

Reducing factor applicable when paying state duty

In addition, it should be said that some categories of the population will be able to count not only on a reduced state fee for the bankruptcy procedure, but also on discounts provided to beneficiaries. To get them, just follow a few simple steps:

apply to the arbitration court, which, in accordance with current legislation, makes a decision to declare the debtor bankrupt (regardless of whether he is an individual or a legal entity);
write a corresponding statement, to which are attached the documents that are the basis for declaring the applicant bankrupt;
pay a fee of 300 rubles for individuals and 6,000 for companies.

Costs of a creditor when filing an application to declare a citizen bankrupt

1. By virtue of paragraph 3 of Article 213.1 and Article 214.1 of the Federal Law “On Insolvency (Bankruptcy)”, the rules on bankruptcy of citizens established by paragraphs 1.1, 4 of Chapter X of the Federal Law “On Insolvency (Bankruptcy)” (clause 2 Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 13, 2015 No. 45 “On some issues related to the implementation of procedures applied in cases of insolvency (bankruptcy) of citizens”).

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2. By virtue of paragraph 2 of part 1 of Article 126 of the Arbitration Procedure Code of the Russian Federation, paragraphs 4 and 5 of Article 213.5 of the Federal Law “On Insolvency (Bankruptcy)”, subparagraph 5 of paragraph 1 of Article 333.21 of the Tax Code of the Russian Federation, when filing an application to declare a citizen bankrupt:

1) state duty is paid to the federal budget, which is 300 rubles for individuals, 6,000 rubles for organizations.

According to paragraph 1 of Article 64, paragraph 2 of Article 333.22 and paragraph 1 of Article 333.41 of the Tax Code of the Russian Federation, arbitration courts, based on the property status of the payer, have the right to exempt him from paying state duty in cases considered by these courts, or reduce its size, as well as defer (spread out ) its payment for a period of up to one year .

The petition must provide appropriate justifications with the attachment of documents indicating that the applicant’s property status does not allow him to pay the state fee in the established amount when submitting the application (clause 4 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 6 of March 20, 1997 “On some issues application by arbitration courts of the legislation of the Russian Federation on state duties").

The arbitration court returns the application to declare the debtor bankrupt if the citizen’s request for a deferment, installment payment of the state duty, or a reduction in its amount is rejected (Part 1 of Article 129 of the Arbitration Procedure Code of the Russian Federation).

By virtue of paragraph 2 of Article 333.37 of the Tax Code of the Russian Federation, applicants - public organizations of disabled people and disabled people of groups I and II are exempt from paying state fees in cases considered by arbitration courts.

2) funds are deposited into the deposit account of the arbitration court to pay a fixed amount of remuneration to the financial manager for one procedure applied in a bankruptcy case of a citizen, in the amount of 25,000 rubles .

If a bankruptcy creditor or an authorized body, when filing an application to declare a debtor bankrupt, did not deposit funds with the arbitration court to pay remuneration to the financial manager in accordance with paragraph 4 of Article 213.5 of the Bankruptcy Law, the court, on the basis of Article 44 of the Bankruptcy Law, leaves the application without progress. , and if the violations are not eliminated, it returns it.

If, after using the applicant’s funds from the court’s deposit, the debtor discovers property in an amount sufficient to pay remuneration to the financial manager, the amount spent is subject to reimbursement to the applicant from the bankruptcy estate as a creditor’s claim for current payments of the first priority (clause 4 of article 213.5, paragraph two of clause 2 of the article 213.27 of the Bankruptcy Law).

Providing a bankruptcy creditor or an authorized body with a deferment in depositing funds with the court to pay remuneration to the financial manager is not provided for by (clause 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated October 13, 2015 No. 45 “On some issues related to the implementation of procedures applied in cases of insolvency (bankruptcy) of citizens”).

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3) funds are deposited into the deposit account of the arbitration court to pay expense of the bankruptcy creditor or the authorized body to pay for the services of persons ensuring the fulfillment of the duties assigned to the financial manager (if the bankruptcy creditor or the authorized body has given consent to such involvement and indicated in the application for declaring a citizen bankrupt the maximum amount of expenses incurred by the financial manager at the expense of the bankruptcy creditor or an authorized body to pay for the services of the persons involved). The amount of such expenses is determined by the lender independently.

Expenses of a bankruptcy creditor or an authorized body cannot be incurred by a citizen.

3. According to paragraph 3 of Article 59 of the Federal Law “On Insolvency (Bankruptcy”), in the event that the debtor does not have funds sufficient to pay off the costs of the bankruptcy case, provided for in paragraph 1 of Article 59 of the Bankruptcy Law, the obligation to pay off these costs in the part not paid for the account of the debtor's property, with the exception of expenses for paying the amount of interest on the remuneration of the arbitration manager, is assigned to the applicant in the bankruptcy case (paragraphs 12, 17 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 17, 2009 No. 91 “On the procedure for paying off expenses in the bankruptcy case” , paragraphs 4, 15 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 No. 97 “On some issues related to the remuneration of an arbitration manager in bankruptcy”).

Official recognition of the insolvency of a legal entity allows the owner to get out of the debt hole and, if possible, start a new activity. However, this process is quite complex and expensive. Its implementation requires spending not only a lot of time, effort, but also finances.

The debtor's costs consist not only of the amounts of outstanding obligations that must be reimbursed to lenders and other interested parties. In case of bankruptcy, a legal entity is obliged to bear all legal and other costs necessary for the trial.

Cost of bankruptcy procedure

It is difficult to accurately answer the question of how much the bankruptcy procedure will cost. The fixed cost is not specified in the legislation; it will depend on the size of the debt obligations and the number of stages of the financial insolvency procedure that will be introduced by the court. The minimum expenses will be 50 thousand rubles. But in practice, the debtor’s costs can reach up to 80-150 thousand rubles.

The minimum package of costs during the bankruptcy of an individual includes:

remuneration in favor of the financial manager (25 thousand rubles for each stage);
postage in the amount of 5 thousand rubles;
mandatory publications during bankruptcy proceedings – 20 thousand rubles;
expenses for the assessment (if the person has property) – 5-10 thousand rubles;
State duty for filing a claim is 300 rubles.

Only the most basic costs for the procedure amount to 55 thousand rubles. This makes it advisable to initiate the insolvency process only for large debts. Whereas with a small debt this is not economically justified.

Where do you need to pay the state duty, what are the fees at different stages at the moment, payment deadlines

The state fee for bankruptcy of legal entities is paid when filing an application with the Arbitration. This is a one-time payment, the size of which for legal entities. persons is 6 thousand rubles. Payment is made at the bank directly on the day of application. A receipt for payment is attached to the claim.

Are there options for free bankruptcy filing, under what circumstances?

Bankruptcy is a paid procedure; the state does not provide debtors with any free consultations or a free defense lawyer who can handle the case in court.

If the borrower does not have the funds to cover the costs associated with the process under consideration, then he has the right to ask the court for a postponement. Thus, if there is no money to pay the state fee, the Arbitration Court can provide an annual installment plan.

Another option is to obtain a loan from a bank to cover expenses, but not every bank will agree to issue a loan to a obviously bankrupt organization. There may be no chance of repaying the debt.

Amount of state duty for bankruptcy of individuals, amount and procedure for payment

As a rule, the total amount of costs associated with declaring a civilian financially insolvent is quite significant. In some situations, not every citizen can make the necessary contributions to formalize bankruptcy status. On January 1, 2017, changes were made to the legislation that affected the amount of state duty for individuals.

According to the new conditions, starting from 2020, the state duty depends on the applicant who goes to court, namely:

When the initiator of the process is the debtor, the state duty for bankruptcy of an individual in 2020 is 300 rubles. As a rule, if there are clear signs of bankruptcy, the debtor is obliged to personally initiate the process. The amount of the fee in this case is fixed and does not depend either on the amount to be paid to creditors or on the availability of assets of the defaulter.
When submitting an application by a creditor company, the contribution amount is 6 thousand rubles. If there are several borrowers, the application can be submitted by them collectively.
If the initiator is an authorized body, it is not obliged to pay a budget fee.

The state fee must be paid before the court hearing. Payment details can be found in the office of the arbitration court or on its official website. The applicant must review the package of collected documents and include a receipt for payment of the fee.

Costs for filing bankruptcy of legal entities

The debtor can reduce the amount of expenses incurred provided that he manages to prove that it is unnecessary or illegal to involve specific categories of citizens and legal entities in the case. To do this, you must have the appropriate evidence base and file a claim in court. If it turns out that the amount of expenses is really inflated due to the fault of the arbitration manager or a third-party organization attracted by him, then the manager may be removed from the case.

What is bankruptcy of legal entities, what types are there?

production volumes (the price depends on the category of the debtor - a small, medium or large enterprise plans to go bankrupt);
amounts of claims from creditors;
amounts of mandatory payments (including payments to the Pension Fund and the Social Insurance Fund);
the activity of the enterprise, the duration of its existence on the market (bankruptcy of fictitious and long-term ceased operations of companies is carried out according to a simplified scheme);
submitted tax claims;
opening criminal proceedings against the management personnel of the company;
terms of bankruptcy;
type of enterprise (state, private, credit or special purpose);
the volume of actions performed at each stage of production;
number of creditors;
the volume of assets involved in the distribution of debts.

5.2. When a claim is brought against one or more defendants by one or more plaintiffs, the state duty is calculated for claims of a non-property nature for each claim separately, and of a property nature, based on the total amount of the claim, and is paid by the plaintiffs not jointly, but in proportion to the share of the stated claim. In your case, payment must be made from each plaintiff in equal shares.

Full cost of bankruptcy

So, let's calculate how much the procedure for writing off debts and loans will cost.

State duty – 300 rubles.
Financial manager services – 25,000 rubles.
Expenses under bankruptcy – 14,000 rubles.
Other expenses – 2,000 rubles.

So, if you do not have property, and you immediately filed a petition to proceed to the sale of property, your expenses will be at least 41,300 rubles.

If the court orders two procedures, it will be necessary not only to pay 50,000 rubles for the services of the manager, but also to pay twice as many publications. Accordingly, the costs will be about 80,000-90,000 rubles.