Information for persons participating in the case about the deposit account of the arbitration court
Arbitration court deposit is a special account opened for the transfer of necessary sums of money by participants in the arbitration process in cases provided for by the Arbitration Procedural Code of the Russian Federation.
Attention!
State duty is not transferred to the deposit account!
Cases in which funds are required to be deposited into the deposit account of the court of first instance:
1. Article 94 of the Arbitration Procedure Code of the Russian Federation, according to which an arbitration court, allowing security for a claim, at the request of the defendant, may require the person who has applied for security for the claim or invite him on his own initiative to provide security for compensation of possible losses for the defendant (counter security) by depositing it in a depository a court account of funds in the amount proposed by the court, or the provision of a bank guarantee, surety or other financial security for the same amount. The amount of countersecurity may be established within the limits of the plaintiff’s property claims specified in his application, as well as the amount of interest on these claims. The amount of countersecurity cannot be less than half the amount of the property claims. Countersecurity can also be provided by the defendant in exchange for measures to secure a claim for the recovery of a sum of money by depositing funds in the amount of the plaintiff's claims into the deposit account of the arbitration court.
2. Article 108 of the Arbitration Procedure Code of the Russian Federation, according to which sums of money to be paid to experts and witnesses are deposited into the deposit account of the arbitration court by the person who filed the corresponding petition within the period established by the arbitration court. If the said petition is submitted by both parties, the required sums of money are deposited by the parties into the deposit account of the arbitration court in equal parts. If, within the period established by the arbitration court, sums of money to be paid to experts and witnesses were not deposited into the deposit account of the arbitration court, the arbitration court has the right to reject the petition to order an examination and call witnesses, if the case can be considered and a decision is made on the basis of other submissions. parties of evidence. Thus, since the amounts of money due to experts and witnesses, as well as translators and other persons involved in the case at the initiative of a party, are subject to payment from the deposit account of the arbitration court, the corresponding amounts of money must be credited by the petitioning party to the deposit account of the court immediately before consideration of their request to order an examination, call witnesses (if this entails legal costs), engage a translator, etc.
3. Part 3 art. 182 of the Arbitration Procedure Code of the Russian Federation to ensure that the court decision is brought to immediate execution in case of possible losses in the event of subsequent cancellation of this court decision in higher authorities.
Details of the deposit account of the Arbitration Court of the Trans-Baikal Territory:
TIN 7536103138 KPP 753601001 Recipient: UFK for the Trans-Baikal Territory (Arbitration Court of the Trans-Baikal Territory, l/s 05911A90070) Recipient's bank: Chita Branch, account 40302810000001000022 BIC 047601001 KBK 0000000 0000000000001 OKTMO 76701000 Purpose of payment: be sure to indicate why the funds are being transferred and for what purpose business.
Opened in order to implement the provisions of Articles 94, 106-110, 283 of the Arbitration Procedural Code of the Russian Federation, paragraph 124 of the “Rules of Arbitration Courts of the Russian Federation”.
1.2. Deposit accounts of arbitration courts are opened to account for funds received at the temporary disposal of arbitration courts on balance sheet account No. 000 “Funds received at the temporary disposal of budgetary organizations” in institutions of the Central Bank of Russia or credit organizations in the manner established by the Ministry of Finance of the Russian Federation, on the basis permission to open an account to account for funds received at the temporary disposal of an organization, issued by the federal treasury authority.
2. Depositing funds into the court's deposit account
2.1. Amounts are deposited into the deposit account by persons participating in the case as counter security when arbitration courts consider applications for interim measures, as well as by persons who filed a petition to appoint an examination, call witnesses, or engage an interpreter in cases provided for by the Arbitration Procedure Code of the Russian Federation.
The purpose of the payment must indicate what the payment is for and indicate the case number in full (for example, payment for an examination of the case /),
An individual, by court decision, collected dividends from the enterprise. The company intends to appeal the court's decision. The execution of the judicial act, pending its consideration in the cassation instance, will be suspended if the cassator provides counter-security by transferring funds to the deposit account of the arbitration court in the amount of the disputed amount. The funds have been transferred. Until there is a final court decision, the company cannot accrue dividends, since if the court rules in favor of the company, the funds will return back to the company’s account. At the same time, a court decision may be made in two to three months. In what account should the transferred funds placed in the deposit account of the arbitration court be reflected until the final decision of the court?
The amount transferred to the court account should be reflected in the debit of account 76 and in the credit of account 51.
The return of money is reflected by an entry in the debit of account 51 and in the credit of account 76.
If the plaintiff’s demands are satisfied through collateral, this is reflected by an entry in the debit of account 75 and in the credit of account 76.
The accrual of dividends is reflected in the debit of account 84 and in the credit of account 75.
The rationale for this position is contained in the materials of the recommendations of the Glavbukh System vip version
Arbitration Procedural Code of the Russian Federation
“Article 94. Countercollateral
1. The arbitration court, allowing security for a claim, at the request of the defendant, may require the person who applied for security for the claim or invite him, on his own initiative, to provide security for compensation of possible losses for the defendant (counter security) by depositing funds in the amount of money into the deposit account of the court. proposed by the court, or the provision of a bank guarantee, surety or other financial security for the same amount. The amount of countersecurity may be established within the limits of the plaintiff’s property claims specified in his application, as well as the amount of interest on these claims. The amount of countersecurity cannot be less than half the amount of property claims.*
2. Countersecurity may also be provided by the defendant in exchange for measures to secure a claim for the recovery of a sum of money by depositing funds in the amount of the plaintiff’s claims into the deposit account of the arbitration court.
3. The arbitration court shall issue a ruling on counter-security no later than the next day after the day the court receives an application to secure the claim.
The determination shall indicate the amount of countersecurity and the period for its provision, which cannot exceed fifteen days from the date of the determination.
A copy of the ruling is sent to the persons participating in the case no later than the next day after the day the ruling is issued.
The determination of countercollateral may be appealed.
4. If a ruling on countersecurity is made, the arbitration court does not consider the application for securing the claim until a document confirming the countersecurity provided is submitted to the arbitration court.
5. When a document confirming the counter-security has been submitted to the arbitration court, or after the expiration of the period for its submission specified in the court’s ruling, the arbitration court, no later than the next day after the day of receipt of such a document, considers the application for securing the claim in the manner established by Article 93 of this Code.
6. Failure of a person applying to secure a claim to comply with the arbitration court’s ruling on countersecurity within the time period specified in the ruling may be grounds for refusal to secure the claim.
7. The presentation by the defendant of a document confirming the counter-security provided by him is the basis for refusing to secure the claim or canceling the security for the claim.”
When depositing funds into the deposit account of the court in the cases indicated above, it is necessary to accurately indicate the purpose of the payment and the number of the case within which the funds are being deposited (“countersecurity in case No. A65-ХХХ/ХХХХ”, “for the examination in case No. A65-ХХХ /XXXX”, etc.). The return of funds from the deposit account of the arbitration court in favor of the payer, if they were not used or were used partially, in the event of cancellation of interim measures and in other cases, except for their erroneous transfer to the deposit account of the court, is made on the basis of a court ruling issued within the framework of the relevant case. In this case, a mandatory condition for the return of funds is the provision by the payer in writing of updated bank details for the transfer.
Advantages (advantages) of bankruptcy:
1. You legally stop paying your loans as soon as bankruptcy proceedings are initiated.
2. From the day a citizen is declared bankrupt, collection agencies and services for dealing with overdue debts are not allowed to directly interact with the debtor (Federal Law No. 230, Article 7, Clause 2). Thus, the bankruptcy procedure will allow you to get rid of calls, threats and psychological pressure on you and your loved ones.
3. Completely get rid of all existing debts within 6 - 12 months (except for alimony debts and harm caused to life or health).
4. All enforcement proceedings are terminated (the work of bailiffs), all previously imposed sanctions are lifted (such as a ban on registration of property, a ban on traveling outside the Russian Federation, blocking of bank accounts).
5. Your only home, household items, personal items, clothing and shoes, property necessary for the professional activities of a debtor citizen and other property specified in Art. 446 Code of Civil Procedure of the Russian Federation.
6. There is no “stigma” of bankruptcy. Bankruptcy information is confidential. After completing the bankruptcy procedure, freed from unsustainable debts, you will be able to live, work, travel, acquire and take ownership of property completely freely.
7. Bankruptcy will not affect your children, relatives, friends and acquaintances in any way. None of the consequences of the procedure will affect them.
Bankruptcy Ural
Pages 1 To post a response, you must log in or register 1 Topic by Lehaxxx 04-04-2016 09:57:04 Topic: Court deposit. Payment. Payment order. I read that the payment order is paid by bank transfer...on a court deposit...do they give it at the bank?...for example, can you pay it through Sberbank? Or do you need a bank account? And if an account is created upon payment, how will I indicate on the 4th in the application if it has already been written?( ((2 Reply from AU 04-04-2016 10:04:20 Re: Court deposit. Payment. Payment order. Lehaxxx writes: for example, can you pay for it through Sberbank? You can 3 Reply from Lehaxxx 04-04-2016 10:35: 14 Re: Court deposit. Payment. Payment order.
TO START THE BANKRUPTCY PROCEDURE, IT IS NECESSARY TO PAY 25,000 RUBLES FOR THE COURT DEPOSIT. WHY IS THIS NEEDED?
In accordance with paragraph 3 of Article 20.6, Federal Law No. 127 “On Insolvency (Bankruptcy), funds in the amount of 25,000 rubles are deposited with the court as a remuneration for the financial manager for carrying out the procedure used in a citizen’s bankruptcy case.
Paragraph 2 of the same article indicates that remuneration in a bankruptcy case is paid to the arbitration manager at the expense of the debtor. Thus, it is necessary to understand that the amount of 25,000 rubles, as well as the state duty of 300 rubles, is a mandatory payment and must be deposited with the arbitration court before the start of the consideration of a citizen’s bankruptcy case.
Deposit bankruptcy
Advice from lawyers:
1. How to get money from a deposit (over 1.4 million rubles) in the event of bank bankruptcy.
1.1. Hello. Up to 1.4 - through the Deposit Insurance Agency. Over 1.4 - it is necessary to be included in the register of bank creditors' claims.
Did the answer help you?YesNo
1.2. Hello. Go to the Deposit Insurance Agency website. All the information is there.
Did the answer help you?YesNo
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2. I have my first meeting scheduled for tomorrow in the bankruptcy arbitration court. I would like to know if the money for the court deposit has not been transferred, whether a date for the hearing can be set. That is, I mean, if I didn’t make a deposit, then the date for the meeting wouldn’t have been set, is that right?
2.1. You will be prompted to fix this.
Did the answer help you?YesNo
2.2. Read your ruling on the Arbitration Court website. The meeting will be postponed and you will be asked to handle it; if you fail to meet the deadline, you will be left without consideration.
Did the answer help you?YesNo
2.3. The meeting will be postponed until the reasons are eliminated (payment of a deposit). In addition, do you have a candidacy for FU? Without this, the procedure will also not be introduced.
Did the answer help you?YesNo
3. We want to file for bankruptcy on our own, but the question arose: should we look for a financial manager ourselves or will the arbitration court appoint one? And if you put 25,000 on deposit, will it disappear if the managers refuse or if the business is closed?
3.1. Hello! The deposit will not disappear; the financial manager will receive the money only after the bankruptcy case is completed. The manager will be appointed by the court. I do not recommend that you apply on your own, without a lawyer.
Did the answer help you?YesNo
3.2. Can. Keep in mind that the cost of publications in Kommersant is another 30,000, there are a lot of nuances.
Did the answer help you?YesNo
3.3. You yourself will not even be able to determine whether you need the banknote procedure and whether it is suitable for you. The court will not look for a financial manager. Will send requests to several dozen SROs. Refusals will come everywhere and in a few months this nonsense will stop. 25 thousand rubles. you'll eventually get it back in a few months. Arbitration/financial manager Vitaly Snytko.
Did the answer help you?YesNo
4. I would like to clarify for myself if I start the bankruptcy procedure. Persons, as I understand it, you need to pay a state fee of 300 rubles. And in the future, after the first meeting, put 25,000 thousand rubles on deposit for the services of a financial manager? Question! 25,000 thousand. Will it be returned to me upon completion of the procedure?
4.1. Not only will they not be returned, but you will also have to pay the financial manager monthly.
Did the answer help you?YesNo
4.2. Good evening, when the applicant in the case is the debtor himself, the funds deposited with the court as remuneration to the manager are not returned to him, since he himself bears the costs of the procedure at the expense of his property. After completion of the bankruptcy procedure, the financial manager approved for this procedure has the right to receive a fixed remuneration. The source of payment is the debtor's funds. For example, in the Resolution of the Eighth Arbitration Court of Appeal dated September 17, 2020 No. 08 AP-10017/2017 in case A 46-16479/2016, it is stated: The presence of money in the court deposit for remuneration to the manager when accepting an application for declaring a citizen bankrupt guarantees that the manager , regardless of the presence/absence of property, the debtor will receive his reward. The funds deposited with the court by the debtor himself must be considered as part of the bankruptcy estate, from which remuneration will be paid to the administrator. Therefore, the debtor who initiated his bankruptcy does not have the right to compensation for expenses. All the best to you, please contact us if necessary. I hope that I was able to help you.
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5. Hello, I wanted to ask how to properly deposit money into the court deposit? I'm filing bankruptcy.
5.1. You need to file an application with the court to deposit money. In the application, indicate the basis for depositing money in accordance with Art. 327 Civil Code of the Russian Federation.
Did the answer help you?YesNo
5.2. The layman's answer is incorrect. No statement is written. Take the details of the deposit account of the arbitration court and deposit money through the bank using the details. Arbitration/financial manager Vitaly Snytko.
Did the answer help you?YesNo
6. We are renting premises in a shopping center, the contract was concluded for 3 years and due to the bankruptcy situation we are forced to terminate it ahead of schedule, but the shopping center does not want to return our deposit. The sq m in the contract is 50, but in fact it is 47. If we go to court, who will win?
6.1. You need to look at your contract, namely the provisions regarding unilateral termination of the contract.
Did the answer help you?YesNo
7. I am going through bankruptcy proceedings. At the last stage. I paid a deposit to the court of 25,000, but the financial institution is asking for another 20,000 and the payment form simply indicates individual entrepreneur. Do I need to pay this amount and what is it for?
7.1. Hello! Look at the receipt form or other payment document - what is the basis for payment? Most likely, this money is intended for related expenses: postage. For publication of information in Kommersant (the official website where bankruptcy information is posted), in the Unified Federal Register of Legally Significant Information.
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7.2. The FU can simply refuse to perform its duties and leave; then you will get tired of completing the procedure. It will not be easy to find a new FU. You decide.
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8. Is it possible to return the paid deposit to the account of the arbitration court (for the services of a financial manager) if the court made a ruling to terminate the bankruptcy proceedings of the debtor, because evidence of payment was not provided.
8.1. Good afternoon. Yes, it's possible. It is necessary to prepare and send a corresponding application to the court if you have not yet been issued a return order.
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9. The bankruptcy procedure has been completed, and I have been declared bankrupt by a court decision. Can I get back the 25,000 I paid to the court deposit for the work of the financial manager?
9.1. You have the right to file such an application, and the court is obliged to consider it. If the court decides to return the amounts deposited with the court, then after the return of the money you have the right to dispose of it at your own discretion, including to pay off debts.
Did the answer help you?YesNo
10. In the spring of 2020, I fell for stock exchange scammers and went into debt (>500,000) for the expected additional deposit. income (and even received once.. you had to feed me) ~15,000, respectively, lost salary remained net ~27,000 with payments ~22,000. The property has an apartment and 1/2 of a plot of land (the house burned down). In addition, all these transfers to scammers were made through crypto currency wallets. Is it worth trying personal bankruptcy? individuals or is there a high risk of being considered a fictitious/fraudulent ID?
10.1. What does fictitious bankruptcy and fraud have to do with it? You were deceived. You can try. But what's the point of going bankrupt? Read the consequences on the Internet first. In any case, they will not be able to deduct more than half from your salary, and only if the subsistence level remains.
Did the answer help you?YesNo
10.2. In the banknote procedure you will lose .1/2 share of the land plot. Consult in person, taking into account all the circumstances. Arbitration/financial manager Vitaly Snytko.
Did the answer help you?YesNo
11. The bank was the initiator of the bankruptcy of the individual. persons, filed a statement of claim with the Court of Justice, transferred 25 thousand rubles. on the deposit of the manager, but during the bankruptcy procedure the debtor paid all the registry claims through a third party, and now the manager is demanding payment of remuneration from the debtor, is this correct?
11.1. All costs of the bankruptcy procedure are borne by the debtor, why should the bank pay for all this at its own expense?
Did the answer help you?YesNo
12. I’m going through the bankruptcy procedure, it’s the third month, what will happen if my financial manager abandons me? Will the money that is now on deposit with the court and the money that was sent to it for publications simply disappear?
12.1. Hello. If the financial manager stops working on your case, the proceedings will be terminated, and accordingly you will not be released from your debts. Money for publication of bankruptcy will not be returned, but money from the court deposit will be returned based on your application.
Did the answer help you?YesNo
12.2. Natalya, hello. What goals do you set for yourself? If you want your bankruptcy to be completed and your debts written off, then you need a financial manager. If you couldn’t work with this, then you urgently need to look for another one, from the same SRO in which the first manager was a member. If there is no replacement, the court will dismiss the case after a few months. This means your debts will not be written off. In principle, money for publication cannot be returned to you, since it was spent on publication. If there is no manager and the procedure is stopped, then the money for the fee will be returned to you.
Did the answer help you?YesNo
13. Tell the individual during the bankruptcy procedure. persons, you need to put 25,000 on deposit with the court, the question is to return this money later?
13.1. No, they don't come back. These funds are used to pay for the work of the arbitration manager.
Did the answer help you?YesNo
13.2. Good afternoon. This money will be used to pay for the services of a financial manager.
Did the answer help you?YesNo
13.3. Valery, hello. If you are a debtor in bankruptcy, then no. If you are a creditor, then yes, if there is money in the bankruptcy estate to return to you, and no, if there is no money.
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14. During the bankruptcy procedure, you need to deposit 25,000 with the bank, the question is, will they be returned later?
14.1. Are you carrying out the bankruptcy procedure through a bank, and not in court, and what does the bank deposit have to do with it?
Did the answer help you?YesNo
14.2. Good afternoon You probably meant a court deposit, not a bank deposit. No, this money is not returned, it goes to pay for the services of a financial manager who will conduct the bankruptcy procedure.
Did the answer help you?YesNo
15. My 28-year-old son was in debt and turned to lawyers. The lawyers did their job, the son did not deposit 25,000 rubles at the Arbitration Court (and did not tell me, I would definitely have given the money) and for this reason the court decided to terminate the bankruptcy proceedings. Is it possible to go to court again?
15.1. Hello Olga! The lawyers did not fully do their job if they did not control the deposit. In addition, it was possible to write a request to defer the payment of the deposit until a consideration of the application on the merits is scheduled. Then the case would not have been returned. At this time, you can reapply. Yours sincerely, pom. arbitration manager Yu.V. Nikitina.
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16. In case of bankruptcy, can an individual deposit 25 thousand rubles? for the debtor another person on deposit of the Arbitration Court?
16.1. Yes, this is possible, just issue a power of attorney to the person who makes the deposit.
Did the answer help you?YesNo
16.2. Good day, Natalia! You are interested in the question of whether a third party can deposit a fixed amount of the financial manager’s remuneration on deposit with the arbitration court. The answer to this question is reflected in the Ruling of the Supreme Court of the Russian Federation dated January 23, 2017 N 304-ES 16-14541 in case N A 70-14095/2015. The Bankruptcy Law does not contain provisions prohibiting a debtor citizen from resorting to the help of third parties when finding sources of financing for his own bankruptcy procedure. Thus, funds for the payment of remuneration to the financial manager and persons ensuring the fulfillment of the duties assigned to him, if you agree to their involvement, are subject to deposit with the court.
Another person can also contribute them for you. You also have the right to apply for a deferment in the payment of the specified funds until the date the court considers the validity of your application. For more detailed consultation and on other issues of interest, you can contact the details indicated below.
If you consider the answer qualified, we ask you to leave your feedback. Sincerely, lawyer Goryaev Nikita Yurievich. Did the answer help you?YesNo
17. Related to the bankruptcy of an individual. All documents have been collected, the money on deposit for the financial manager has been paid. But alas! Due to the fact that the house in which we live is in shared ownership. The house is private, under the same roof with its neighbors. The yards are different, but the cadastral number indicates that this house is registered to two owners. What should I do? Should I attach the purchase and sale agreement to the documents?
17.1. Hello. This is the only housing, so foreclosure will not be taken against it; it is enough to attach the documents that you have.
Did the answer help you?YesNo
17.2. Good evening. You need to attach an extract from Rosreestr on rights to real estate as evidence of the existence of property in the form of 1/2 share of the house. If you purchased the house within three years before the date of filing a bankruptcy petition with the arbitration court, you also need to attach a purchase and sale agreement for this house.
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18. Gentlemen lawyers, good evening! Is it possible to find an arbitration manager for the bankruptcy of an individual? persons for those 25 thousand rubles that must be deposited with the court?
18.1. According to the bankruptcy law, 25 tr. — this is the manager’s remuneration for one bankruptcy procedure. There are a maximum of two procedures in total. In addition, other bankruptcy costs are paid at the expense of the debtor’s property: payment for the services of specialists, payment for publication of information, etc. In the application for bankruptcy, the debtor indicates only the SRO in which the potential manager is located, and the SRO selects a candidate from among its managers. Therefore, theoretically, this is real. In practice, everything looks a little different.
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19. If physical. a person files for bankruptcy against a legal entity. person, then in addition to the state fee of 6,000 rubles, he needs to deposit more money and in what amount?
19.1. Hello, study the law on insolvency and bankruptcy of individuals. It fully complies with all legislation on your issue; there you also need to pay the financial manager. If you find one yourself, and without him, the bankruptcy procedure will not take place.
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19.2. Good afternoon No in advance, because When appointing a temporary manager, the court must be sure that you are able to pay for his work. And if I’m not mistaken, individuals pay a state fee of 300 rubles.
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20. I have already been declared bankrupt. A procedure has been established for the sale of property. My fin. the manager refused to handle the case due to the fact that I refused to pay her additional expenses. Can I write a petition to the court asking the court to dismiss my bankruptcy case due to the inability to find finance? manager and asking me to return the money that I had already paid for the deposit and publications.
20.1. Good day! Sure you can. You should contact the Arbitration Court with a written application to withdraw the previously submitted application.
Did the answer help you?YesNo
Here’s a question: I have documents ready to go to court to file bankruptcy, I don’t have the 25,000.00 funds deposited with the court yet, they will be there in three weeks..
I was declared bankrupt and my debts to the banks were written off. During the bankruptcy procedure, I deposited money for the financial reward into the court's deposit account.
I was declared bankrupt and my debts to the banks were written off. During the bankruptcy procedure, I deposited money for the financial reward into the court's deposit account.
The liquidation of an LLC is due to the fact that the company has not been operating for more than two years, and not due to bankruptcy.
During the bankruptcy procedure of an individual, a deposit of 25,000 rubles is required. Is this done in one payment or can it be done in several?
How much is currently deposited with the court for payment for the services of a bankruptcy trustee in a personal bankruptcy case?
In November 2015, I filed an application with the court for my bankruptcy as an individual.
The individual filed for bankruptcy. persons, requested in the petition for a deferment of the deposit to the financial manager.
How can I now withdraw 10,000 rubles? deposited by me with the arbitration court (this was the judge’s condition)
An individual entrepreneur was opened on a loan... the deduction of 50% from the pension was a year later... I didn’t know anything..
My husband has an individual entrepreneur, he has debts and everything is heading towards bankruptcy. I am a wife, I have my personal bank accounts (earned before marriage).
At what stage of the bankruptcy procedure (if I decide to refuse) will it be impossible to withdraw 10,000 from the court deposit.
WHAT DOES DEBT RESTRUCTURING PROCEDURE MEAN IN BANKRUPTCY?
According to Article 2, Federal Law No. 127 “On Insolvency (Bankruptcy)” - Debt restructuring is a rehabilitation procedure applied to a citizen in a bankruptcy case in order to restore his solvency and repay debts to creditors, in accordance with the debt restructuring plan. As part of a meeting to consider the validity of an application to declare a citizen bankrupt, the court analyzes the debtor’s income and the volume of his obligations for the potential possibility of debt restructuring (Articles 213.13 and 213.17, Federal Law No. 127). The restructuring plan can be approved if the funds remaining from the income after deducting the cost of living can repay more than 50% of the total debts to creditors in 2 years. By court decision, the period can be extended to 3 years.
If the restructuring is approved, a new payment schedule is drawn up that is feasible for you, and you begin making payments. After the obligations are repaid, the bankruptcy procedure is terminated, the debtor does NOT acquire bankrupt status and the consequences of being declared bankrupt do not apply to him. If the debtor’s income is not enough to satisfy the restructuring plan, then the court proceeds to the procedure for selling the citizen’s property.
Bankruptcy of citizens and legal entities: practical issues
Yes, as part of a creditor's bankruptcy claim. Subsequent dangers must be understood. The settlement agreement has the quality of not only a procedural document, but also the quality of a civil transaction (Determination of the Supreme Arbitration Court of the Russian Federation dated September 27, 2013 No. VAS-9884/13). No matter what kind of transaction, at the request of the persons participating in the bankruptcy case, the settlement agreement can be recognized as an illegal and invalid transaction.
No, the loan agreement cannot be considered by the tribunal as security for the citizen’s claim to cover the costs of the bankruptcy case.
We invite you to familiarize yourself with: Intentional bankruptcy, judicial practice
COMMUNICATION WITH COLLECTORS AND CREDITORS
According to Federal Law No. 230, Article 7, Clause 1 - From the day a citizen is declared bankrupt, collection agencies and collection services, direct interaction with the debtor is NOT allowed. After much discussion and approval, the law on collectors came into force. This law clearly defines the types and frequency of actions that a collector has the right to perform when trying to collect a debt during the period while the debtor has not yet been declared bankrupt: - Meetings - no more than once a week. - Calls - no more than once a day, 2 times a week and no more than 8 calls per month. — SMS and voice messages can be made twice a day, 4 times a week and no more than 16 times a month.
CBC deposit account of the arbitration court
I thought there were enough details.
and now I don’t know what to do.
Will I have time? and the certificate period is 5 days. ahhhhh
For example, can you pay for it through Sberbank? Do you need to create an account for this? Or do they somehow do it through their accounts? I’m just asking because I wanted to pay it all this morning and go to court.
I thought there were enough details. and now I don’t know what to do. Will I have time? and the certificate period is 5 days.
WHAT DOCUMENTS SHOULD BE PROVIDED TO THE COURT TO DECLARE YOURSELF BANKRUPTCY?
Also, if you have:
The list of documents required to carry out the bankruptcy procedure for a citizen is quite large, but we will collect almost everything ourselves.
You will only need a few points: 1. Documents confirming the existence of debt and the basis for its occurrence (loan agreements, receipts, court decisions, bailiff orders, etc.).
2. Copy of SNILS and TIN certificates. 3. A copy of the marriage certificate or divorce (if available). 4. A copy of the birth certificate of minor children (if available). 5. Information on income received and tax amounts withheld for the last 3 years (2 personal income taxes or tax returns for individual entrepreneurs).
— Copies of documents confirming ownership of property (if there is property, except for the only home). — Copies of documents on transactions with property carried out over the past 3 years in an amount exceeding 300,000 rubles. (if such transactions were made).
Payment details have changed in ASGM and AS of the Moscow District
Two metropolitan arbitrations - the Moscow Arbitration Court and the Moscow District Arbitration Court - informed about the change in payment details from February 6.
Now, to transfer money to the Moscow District AS deposit account, you need to use the following details. Location: st. Seleznevskaya, 9, Moscow, 127994; INN: 7708056525; Checkpoint: 770701001; Bank details: Deposit account: 05731A90980; Account account deposit: 40302810045251000079; BIC: 044525000; Recipient bank: “Main Directorate of the Bank of Russia for the Central Federal District of Moscow” (abbreviated name – “GU of the Bank of Russia for the Central Federal District”).
As of Monday, ASGM updated the details of not only the deposit account, but also the bank account for the payment of state duties. You must pay the fee for filing a claim in court using the following details. BIC of the recipient's bank : 044525000; Recipient bank : Main Directorate of the Bank of Russia for the Central Federal District of Moscow (abbreviated name - “GU of the Bank of Russia for the Central Federal District”); Recipient's account number : 40101810045250010041; Recipient : UFK for Moscow (IFTS No. 26 for Moscow); INN/KPP 7726062105/772601001; KBK 18210801000011000110 OKTMO 45914000.
To make deposits to the ASGM deposit account, you should use the following details. BIC: 044525000; Recipient bank: “Main Directorate of the Bank of Russia for the Central Federal District of Moscow” (abbreviated name – “GU of the Bank of Russia for the Central Federal District”); Recipient's account number: 40302810045251000079; Recipient: UFK for Moscow (Arbitration Court of Moscow, l/s 05731A91030); INN: 7701010810; Checkpoint: 772601001.
The Supreme Court today also published details for paying state fees in cases. Budget classification code : 182 1 0800 110; Recipient bank : Main Directorate of the Bank of Russia for the Central Federal District; Account : 401 018 100 452 500 100 41, BIC : 044 525 000; INN and KPP of the recipient of funds : Federal Tax Service of Russia No. 4 for Moscow 7704058987/770401001; Recipient of the Federal Tax Service for the city of Moscow (Inspectorate of the Federal Tax Service of Russia No. 4 for the city of Moscow, l/s 40100770004), OKTMO code of the municipality: 45374000.
In addition, the Supreme Court reminds that in accordance with Order of the Ministry of Finance dated September 23, 2020 No. 148n “On amendments to the order of the Ministry of Finance of the Russian Federation dated November 12, 2013 No. 107n” from March 28, 2020 for individual payers in the absence of a unique identifier accrual (UIN) , indicating the value of the taxpayer identification number (TIN) in the order for the transfer of money is mandatory.
WHAT IS BANKRUPTCY AND WHO CAN USE IT?
Bankruptcy of individuals is a recognition by an arbitration court of a citizen’s inability to fulfill financial obligations and make settlements with creditors.
Any citizen whose total debts exceed 500,000 rubles and whose obligations to fulfill them are overdue for more than 3 months can apply to the arbitration court to declare themselves bankrupt (Federal Law No. 127, Article 213.3, clause 2). WHAT TO DO IF YOU CANNOT PAY YOUR LOAN?
In accordance with Federal Law No. 127 “On Insolvency (Bankruptcy)”, Article 213.4, paragraphs 1, 2:
A citizen’s obligation to apply to an arbitration court to declare him bankrupt arises if his income is not enough to fully service all debt obligations and repay obligatory payments to creditors, and the total amount of such obligations is not less than 500,000 rubles.
The right of a citizen to file an application for declaring him bankrupt in an arbitration court appears in the event of foreseeing circumstances that clearly indicate that he is unable to fulfill monetary obligations and the obligation to pay mandatory payments on time, meeting the criteria of insolvency.
CBC deposit account of the arbitration court
Date of publication 03/26/2019
The budgetary institution transfers funds to the deposit account of the arbitration court for examination. After the trial, if you win, the money is returned to the institution; if you lose, it will not be returned. What KOSGU code should I use to transfer money to the deposit account of the arbitration court? How to reflect this transaction in accounting?
Legal costs consist of state fees and legal costs associated with the consideration of the case by the arbitration court (Article 101 of the Arbitration Procedure Code of the Russian Federation). Such costs include sums of money to be paid for conducting the examination (Article 106 of the Arbitration Procedure Code of the Russian Federation). In accordance with Part 1 of Art. 82 of the Arbitration Procedure Code of the Russian Federation, the examination is appointed by the court. The amounts of money to be paid to the experts are deposited into the deposit account of the court by the party at whose request the examination was appointed (Part 1 of Article 108 of the Arbitration Procedure Code of the Russian Federation).
Reimbursement of costs associated with the consideration of cases in courts is reflected in the element of type of expenses 831 “Execution of judicial acts of the Russian Federation and settlement agreements for compensation for harm caused” in conjunction with subarticle 297 “Other payments of a routine nature to organizations” of KOSGU (clause 51 of the procedure, approved by order of the Ministry of Finance of Russia dated June 8, 2018 No. 132n, clause 10.9.7 of the procedure, approved by order of the Ministry of Finance of Russia dated November 29, 2017 No. 209n).
The use of account 303 00 to record calculations for the transfer of funds for the examination is contrary to clause 259 of the instructions, approved. by order of the Ministry of Finance of Russia dated December 1, 2010 No. 157n, since settlements with budgets are reflected in this account.
Thus, according to the instructions, approved. By order of the Ministry of Finance of Russia dated December 16, 2010 No. 174n (hereinafter referred to as Instruction No. 174n), the transfer of funds to the deposit account of the arbitration court is reflected in the following accounting entries:
Debit KRB X 401 20 297 Credit KRB X 302 97 731 - funds deposited into the deposit account of the court are reflected as expenses (clause 128 of Instruction No. 174n);
Debit KRB X 302 97 831 Credit KIF X 201 11 610, increase 18, KOSGU 297 - funds were transferred to the deposit account (clause 73 of Instruction No. 174n).
If the institution wins in court, the return of the costs of conducting the examination is reflected in subsection 134 “Income from compensation of costs” of the KOSGU (clause 9.3.4 of Procedure No. 209n, paragraph 8 of clause 109 of Instruction No. 174n).
Within the framework of financial support type 4, only the subsidy received for the completion of the task and the restoration of previously incurred expenses can be taken into account. Restoration refers to the receipt of funds aimed at compensating for specific expenses from the counterparty to whom such payment was made earlier. In the case under consideration, payment is made to one counterparty, and compensation comes from another (the plaintiff organization, the losing party).
Thus, reimbursement of the cost of examination is reflected in accounting by accruing new income under KFO 2:
Debit KDB 2 209 34 56Х Credit KDB 2 401 10 134 - income accrued for compensation of the amount of the examination (paragraph 8, clause 109 of Instruction No. 174n);
Debit KIF 2 201 11 510, increase 17, KOSGU 134 Credit KDB 2 209 34 66Х - the amount of compensation was received to the personal account (clause 72 of Instruction No. 174n).
WHAT CAN NOT BE SEIZED FROM THE DEBTOR TO REPAY LOAN DEBT?
- In this matter, the bankruptcy law (Article 213.25, paragraph 3) refers to the Code of Civil Procedure of the Russian Federation, Article 446. Property that cannot be foreclosed on:
- The only housing and land on which it is located (with the exception of property under mortgage); — Household items and furnishings, personal items (clothing and shoes); - Food, cash in the amount of the minimum subsistence level established by law for the debtor and persons who are dependent on him - property necessary for the professional activities of a citizen-debtor, with the exception of items the cost of which exceeds one hundred minimum wages established by federal law labor - Fuel with which the debtor (and his family) cooks food and heats premises; — Domestic animals and livestock, as well as outbuildings used for their maintenance. - Prizes and winnings, state awards and memorable, honorary signs owned by the debtor.
plenum of the RF Armed Forces
Document Resolution of the Plenum of the Supreme Court of the Russian Federation No. 45 of October 13, 2020 Article Question 06/05/2017 Good evening!
Please tell me whether it is legal for the courts to apply Resolution No. 51 of the RF Armed Forces in the bankruptcy of an individual. Thank you Question 09/22/2016 I have 2 loans for a total amount of 510 thousand rubles. I am currently listed on the labor exchange as unemployed. I want to file for bankruptcy, but the question is I have no property, no car, no jewelry, then what will be written off to pay off the debt Question 08/27/2016 Hello! Please tell me, can I write an application to exclude a refrigerator from the bankruptcy estate? ?I need it for a normal life, I have a small child, I only receive a subsistence minimum from my salary. I indicated it in the inventory of property when submitting the application, because I needed to indicate something. Question 08/10/2016 Hello! The first meeting has already been scheduled. The judge's assistant said that before the hearing it is necessary to submit a written petition to introduce a procedure for the sale of a citizen's property. Will the property be sold: TV, refrigerator, washing machine, which were purchased during marriage and are indicated in the inventory? The apartment is the only housing, and even then only a share. There is no other property. Thank you! Question 07/27/2016 How many messages should there be from financial institutions in the Unified Register, in my case, the current determination of bankruptcy and the beginning of implementation, when you can see a report on the work done, 2 months have passed, nothing has passed Question 07/20/2016 On May 30, a complete solution-implementation. The ruling dated July 18, 2016 scheduled the consideration of the petition for the allocation of the subsistence minimum from the bankruptcy estate to September 13, 2016. Total 3.5 months without money. Question: if the application is granted on September 13, will the subsistence minimum be paid from May 31 for each month of the implementation procedure or only from September 13 onwards? Question 05/18/2016 I am collecting documents for bankruptcy, there is no property, but there is a receipt for the amount covering loan debts. In this case, do I need proof that I have property sufficient to pay the expenses of the bankruptcy case and what will happen to this receipt if I myself cannot receive money from it? Question 05/16/2016 Tell me, please. And if the debtor has no income and no property at all that can be sold, what to do?...is there still such a practice? Question 05/12/2016 Good afternoon! The court accepted my application for proceedings, but asks me to clarify whether I have other property that cannot be foreclosed upon by execution. documents (items of ordinary home furnishings and household items, personal items and others). Please answer, is it necessary to indicate this property or is it better not to? The court also asks to clarify where the funds received under the loan agreements were sent. Where would it be better to write I spent this money? I really hope for your answer. Question 05/10/2016 Hello! I filed for bankruptcy. The Moscow Arbitration Court left the application without progress, on the grounds that I did not provide documents about my marital status: whether I was divorced, married, whether I shared property with my spouse. But the last time I got divorced was in 1992! Not married, didn’t share anything with anyone, I simply don’t have these documents. They don't exist in nature. Doesn't physically exist. And the law requires their provision only “if available.” And in the application itself, I clearly indicated all the details of my marital status. What do they want from me? Certificate of absence of certificate? If I don’t provide it, they threaten to return the application. They also said that I did not provide evidence that I had sufficient property for expenses. But I deposited 10,000 rubles into the court deposit, the warrant is attached. I need to come to court and what should I do? I don't understand sincerely. Thank you! Show more?
WHO IS A FINANCIAL MANAGER AND WHOSE SIDE IS HE ON?
The financial manager is a key figure in bankruptcy proceedings. It is on the basis of his financial statements that the judge makes a decision: to write off the debt to the bankrupt in full or to oblige him to continue repayment.
The manager's responsibilities include:
- Sending requests to the state. and registration authorities in order to identify the bankrupt’s property to be sold - Ensuring the protection and safety of the identified property - Interaction with bailiffs in order to terminate enforcement proceedings - Conducting an analysis of the financial condition of the debtor - Formation and maintenance of a register of creditors' claims - Identification of signs of fictitious and deliberate bankruptcy (in other words whether the debtor is a fraudster) - Providing quarterly reports to creditors on the work done - If a citizen owns property that is subject to sale, its sale in order to partially or fully satisfy the claims of creditors - Conducting a meeting of creditors - Final report in court aimed at completing the bankruptcy procedure As well as a set of other activities carried out by the manager as part of the bankruptcy procedure.
Essentially, a financial manager is an independent person and he has no right to be on anyone’s side. However, it is important to understand what the SRO, of which the manager is a member, determines, and the party that filed for bankruptcy pays for the services of the financial manager. (Remember that the creditor to whom you owe a debt can also file for bankruptcy of an individual).
Before initiating bankruptcy proceedings, we recommend that you consult with an existing financial manager in order to identify the risks and outline a clear strategy for your further actions.
Court deposit deposit of funds
Attention
The transfer of funds from the deposit account is carried out by the court's accounting department only on the basis of a judicial act containing an instruction in the operative part on the payment of funds to persons participating in the case at the expense of funds contributed as counter security, sums of money due to the expert, witnesses, translators in in connection with the performance of their duties in cases provided for by the Arbitration Procedure Code of the Russian Federation, or on the return of funds to the payer, with the exception of cases of erroneous crediting of funds. Refunds of erroneously credited funds (including erroneously credited state fees) are made on the basis of a written application from an individual or legal entity.
Transfer of funds is made only by non-cash means: - for legal entities - to a current account;
- for individuals - to the personal account of an individual opened with a credit institution. Arbitration Procedure Code of the Russian Federation to ensure that a court decision is brought to immediate execution in case of possible losses in the event of subsequent cancellation of this court decision in higher authorities. Details of the deposit account of the Arbitration Court of the Trans-Baikal Territory: INN 7536103138 KPP 753601001 Recipient: UFK for the Trans-Baikal Territory (Arbitration Court of the Trans-Baikal Territory, l/s 05911A90070) Recipient's bank: Branch Chitar/s 40302810000001000022BIK 047601001 KBK 000000000000000000001 OKTMO 76701000 Purpose of payment: be sure to indicate what the funds are being transferred for and on what matter?
IN WHAT CASE CAN I APPLY AGAIN?
Portal user IfBankrot.rf Vladimir asks a question:
If an individual’s bankruptcy application is recognized by the court as unfounded or rejected (left without progress or whatever is correct) due to errors in documents, their insufficiency, etc., is it possible to re-file the bankruptcy application?
Project experts answer:
Vladimir, there is a fundamental difference between the concepts “recognized as unfounded”, “rejected” and “left without movement”: in the general case, the application is left by the court without movement if, when accepting the application, the court considered the documents attached to the application to be insufficient or incorrect. By leaving the application without motion, the court provides time to eliminate the comments. In this case, there is no need to reapply. The return of an application is usually used by the courts in case of significant violations - both in form and content - in the execution of both the application itself and the documents attached to it. In this case, there is no need to talk about resubmitting the application, because there was no fact that it was submitted the first time. The recognition of the application as justified or unfounded is made already at the court hearing, by the time of which the application was accepted by the court. In any case, even if the application was found to be unfounded, and, as a result, bankruptcy proceedings were not initiated, the applicant still has the opportunity to apply to the court for recognition of insolvency again, for example, if the circumstances and financial condition of the debtor change.
KBC when transferring funds to the deposit of the arbitration court
https://asmo.arbitr.ru/node/14420 second option
It’s strange, I also don’t have OKTMO and KBK in the receipt printed from the referee, but Sberbank accepted it, everything went fine.
that is, there are no options other than Sber. My accounts in Sberbank are under arrest. will they make the payment?
13 Reply from Lehaxxx6 19:41:20
- Lehaxxx
- Free from debt
- Inactive
Re: Court deposit. Payment. Payment order.
https://asmo.arbitr.ru/node/14420 second option
It’s strange, I also don’t have OKTMO and KBK in the receipt printed from the referee, but Sberbank accepted it, everything went fine.
that is, there are no options other than Sber. My accounts in Sberbank are under arrest.
