Statistics of bankruptcy of enterprises in the Tomsk region

Home / Bankruptcy / Bankruptcy of legal entities

Back

Published: 08/26/2019

Reading time: 5 min

0

181

On December 31, 2020, the Statistical Bulletin of the Unified Federal Register of Bankruptcy Information was published. This Statistical Bulletin, prepared using the Fedresurs service, contains statistical data on how many bankruptcy procedures were carried out in 2020 in the Russian Federation, and what the results of such procedures were.

• Number of individuals and legal entities declared bankrupt in 2020
• Regions with the highest number of bankrupts
• Who most often initiates bankruptcy?

Status

According to current legislation, both borrowers and creditors can initiate bankruptcy of individuals , and statistics show that only 38% of the total number of financial insolvency cases were initiated by debtors themselves. This can be explained by several reasons:

• The law was introduced relatively recently, so many people do not understand its interpretation, especially if they do not have a specialized education.
• Debtors often risk losing their property, so the procedure may ultimately turn out to be unprofitable.
• Initiating bankruptcy involves some expenses on the part of the borrower, which must be paid in parallel with the filing of the application.

SIMPLIFIED BANKRUPTCY: NEED AND RISKS

However, the bankruptcy procedure is not currently available to everyone. There is a problem in conducting it for people who find themselves in difficult life circumstances and do not have the opportunity to pay even 25 thousand rubles of the minimum remuneration of an arbitration manager, says Nogotkov. “Given the fact that in some regions of our country 25 thousand rubles is the average monthly salary, we have to admit that many people cannot afford bankruptcy,” agrees A. Kadnikov.

Therefore, the Ministry of Economic Development has already developed several versions of the bill on simplified bankruptcy. The current version of the document even involves the introduction of a free procedure for individuals, financed, among other things, by the funds of arbitration managers, said Nikolai Nikolaev, Chairman of the State Duma Committee on Natural Resources, Property and Land Relations in May of this year.

“The National Association of Self-Regulatory Organizations of Arbitration Managers (RSSOAU - IF) is ready to participate in the development of a simplified procedure, and perhaps even finance such procedures, with clear criteria and rules,” says K. Nogotkov.

A simplified procedure can solve the problem of accessibility of bankruptcy for citizens, A. Kadnikov believes, but this procedure also has serious drawbacks. “The main criterion when the court resolves the issue of releasing a debtor from fulfilling obligations [following the bankruptcy procedure] is his good faith, which will be difficult to establish with a simplified procedure,” he says.

However, K. Nogotkov stipulates that the problem of the high cost of personal bankruptcy procedures is exaggerated, which is confirmed by the high growth rate of the number of procedures. “Not entirely conscientious debtors and borrowers are speculating on this topic,” he believes.

Statistics of accepted cases

In different regions of the country, applications to admit financial insolvency are filed by individuals in considerable quantities, but not all cases are accepted by the court for proceedings. In more than 50% of cases, applications are rejected . To ensure that the process does not end with a similar result, it is necessary to comply with some formalities.

Bankruptcy statistics for individuals show that an application can only be submitted if the amount of debt exceeds 500 thousand rubles , and the deadline for completing the last actions on one’s obligations is more than 90 days. In other circumstances, the application will be rejected outright.

Additional certificates, certificates and other documents relating to the debtor’s case may also be required. You need to ask a qualified lawyer about them in order to be fully prepared for the procedure. It is worth paying attention to the validity period of a particular document. For example, some certificates are valid for 10 days from the date of issue, so they need to be received last so that they are not overdue by the time you go to court.

The application is submitted to the arbitration court at the place of registration of the debtor, and is considered by government officials in the prescribed manner.

Regions with the highest number of bankrupts

In 2020, a diverse picture is observed in the number of legal entities that are going through bankruptcy proceedings. In some regions there is a massive increase in companies that have gone through bankruptcy proceedings and are declared financially insolvent:

• The Nenets Autonomous Okrug showed a one hundred and fifty percent increase in bankrupt companies;
• in the Kostroma region, the number of legal entities declared bankrupt increased by seventy percent;
• in Yakutia this figure is forty-three percent of the 2020 indicators;
• in the Perm Territory, the number of bankrupt legal entities increased by twenty-four percent compared to 2020;
• The Kaliningrad region shows an increase in bankrupt companies of twenty percent;
• in the Altai Republic this figure is eighteen percent;
• The Tula and Kirov regions each show fifteen percent growth rates in companies recognized as debtors;
• a similar figure was also demonstrated by the Khabarovsk Territory , where the number of bankrupt companies also increased by fifteen percent compared to 2020.

As for reducing the number of bankrupts, this indicator is typical for the following regions:

• The Magadan region reduced its figure by seventy-six percent compared to 2020;
• in the Republic of Adygea, bankruptcies among legal entities decreased by fifty-seven percent;
• in the Chechen Republic the number of bankrupts decreased by fifty percent;
• in the Jewish Autonomous Region this figure is equal to sixty-five percent in terms of reduction compared to 2017;
• in the Republic of Mari El this figure is sixty-six percent;
• The Kemerovo region shows a decrease in bankrupt companies by thirty-one percent compared to 2017;
• in the Omsk region, the decrease in the number of bankrupt companies was twenty-nine percent.

With regard to individuals, the largest number of bankrupts was registered in Moscow (3,512 people) and the Moscow region (2,606 people). Next come St. Petersburg, the Republic of Bashkortostan, as well as the Samara region (in each of the listed regions there are approximately two thousand people declared bankrupt).

The fewest such persons are in the Nenets Autonomous Okrug (1 person), in Chukotka (2 people), and in the Chita region, only one person who has undergone the procedure for recognizing his financial insolvency has been recorded since 2020.

Settlement agreement as a universal solution to the problem

In general, filing bankruptcy for individuals is not beneficial for either party, therefore, if there are alternative ways to solve problems, statistics show that debtors try to choose them. To do this, you need to contact bank representatives to report the reasons why you cannot comply with the terms of the previously concluded agreement.

Reputable organizations do not like litigation, so they often accommodate their clients halfway . The solution may be to soften the terms of the contract, obtain a deferment and other measures that will allow the borrower to sort out his financial problems.

It makes sense to make such a request if you are not overdue for a month, for example. In such a situation, the credit institution is unlikely to make concessions, and the amount of debt increases, since penalties, additional fines and interest will be charged, and going to court seems to be the only correct way out.

Results of the 2020 Fiscal Year in terms of the Number of Bankruptcy Procedures in Russia

The “Team of Arbitration Manager Elena Timofeeva” will try to explain the main nuances of the bankruptcy procedure in an accessible FAQ format.

• the amount of overdue debt is more than 10%;
• the amount of debt exceeds the value of the debtor’s property;
• loan payments have been stopped;
• enforcement proceedings against the debtor have been completed due to the impossibility of collection.

Issues covered:

• When can a debtor file for bankruptcy?
• Can the bank itself file for bankruptcy of the debtor?
• How much does the bankruptcy procedure for an individual cost?
• Which court should I file for bankruptcy in?
• Can they refuse bankruptcy if they have a low salary and no property?
• Is it really that difficult to find a financial manager?
• Can their only home be taken away if an individual goes bankrupt?
• Are bankrupts prohibited from traveling abroad?
• What transactions made by the debtor three years before bankruptcy can be canceled?
• Can a person work during bankruptcy?
• What documents do you need to collect for bankruptcy?
• How long does the bankruptcy procedure take?
• What happens to marital property during bankruptcy?
• What should you bring to your first court hearing?
• Do you need a lawyer?
• If they give me debt restructuring, is that good?
• What consequences await the bankrupt?
• Can they not be released from debts during bankruptcy?

When can a debtor file for bankruptcy?

According to the law, an insolvent borrower can file for bankruptcy if the amount of debt starts from 500 thousand rubles and the overdue period is 3 months. However, this is a misconception. A citizen can file for bankruptcy for any amount of debt. Only his financial situation must meet the following conditions:

• the amount of overdue debt is more than 10% ;
• the amount of debt exceeds the value of the debtor's property ;
• loan payments stopped;
• enforcement proceedings against the debtor have been completed due to the impossibility of collection .

It is worth considering that the bankruptcy process requires certain expenses. Therefore, you should initially calculate whether bankruptcy will cost an amount similar to the size of the debt. Remember that there are other legal ways to deal with debt besides bankruptcy.

Can the bank itself file for bankruptcy of the debtor?

Yes maybe. But usually the lender takes such a step if he is confident that he will be able to seize enough valuable property from the borrower to not only close the loan taken by the client and the interest accrued on it, but also cover the costs of the bankruptcy procedure.

During the bankruptcy procedure initiated by the bank, the bankruptcy manager will carefully search for all sources of income that the debtor has in order to cover the bank debt by any means or assets.

How much does bankruptcy proceedings cost?

The full cost of bankruptcy consists of many procedures, services and additional expenses that will have to be incurred during the process:

1. state duty when filing an application with the court – 300 rubles ;
2. payment for the services of a financial manager for restructuring and bankruptcy procedures in the case - 2x25 thousand rubles ;
3. manager's remuneration - 25 thousand rubles ;

+7% of the debt restructuring amount, which is paid by the debtor himself;

or

+7% of the sale price of the property, repaid from the proceeds from the sale.

1. Publication of information in the Kommersant newspaper – 10 thousand rubles ;
2. Publication of bankruptcy case data on the Federal Resources website – 3 thousand rubles .
3. Additional expenses for postal services, banking services, bidding – 2 thousand rubles .

As a result, it turns out that bankruptcy can cost approximately 90-100 thousand rubles .

Therefore, its registration is really advisable if the debt is significant.

Which court should I file for bankruptcy in?

Bankruptcy cases are heard in the arbitration court at the place of residence . Usually it is located in a district or regional center.

Can they refuse bankruptcy if they have a low salary and no property?

In no case. Only the size of the debt and the period of delay are important for the court when deciding whether to approve a bankruptcy petition.

Is it really that difficult to find a financial manager?

Yes, this is still a big problem for debtors. The manager’s work area is quite wide (assessing the client’s financial situation, tracking the bankrupt’s accounts, checking transactions over a 3-year period and much more), and each case requires a long processing time. However, in accordance with the law, the payment for the services of such a specialist is small - 25 thousand rubles for one procedure (the procedure is understood as “restructuring” or “sale of property”). Therefore, most often, managers prefer to deal with the bankruptcy of legal entities, unless, of course, the individual has valuable property, for the sale of which a specialist can receive a commission of 7%.

We recommend that you take your search for a manager seriously: if you do not find a candidate on time, the bankruptcy case will be closed.

Can they take away their only home during bankruptcy?

No, with all the desire, the creditor does not have the right to deprive the debtor of his last shelter. This is enshrined in Art. 446 of the Code of Civil Procedure of the Russian Federation on property that cannot be subject to foreclosure in favor of debt repayment. Moreover, it is worth noting that the procedure for selling property will not affect even a three-story mansion if this is the bankrupt’s only place of residence.

Are bankrupts prohibited from traveling abroad?

No. But the Arbitration Court may impose such a ban during the sale of the debtor’s property. However, this decision depends on the judge’s policy.

What transactions made by the debtor three years before bankruptcy can be canceled?

Anything that is not considered “inviolable” (such as household items, food, fuel, etc.). However, they must also meet certain conditions:

• one of the parties to the transaction was a close relative;
• at the time of sale or purchase of property, the bankrupt was already insolvent (there was arrears);
• the transaction was completed at a price below market value.

Can a person work during bankruptcy?

Yes, sure. However, all funds earned will go to the bankruptcy account opened by the financial manager. The money in this account is intended for settlements with the creditor . But, if the debtor lives only on his salary, he can file a petition with the court to exclude part of the funds from the bankruptcy account for his own needs.

What documents do you need to collect for bankruptcy?

The main list of required documents includes the following items:

• passport;
• certificate of registration with the tax authority (TIN);
• SNILS;
• Marriage certificate;
• children's birth certificate;
• loan agreements under which there is outstanding debt;
• certificate of income for the last 3 years;
• a certificate of the status of your personal account in the pension fund in the SZI-6 form (if you receive a pension);
• certificate of pension amount (similar);
• bank statements of accounts and deposits for 3 years.

How long does the bankruptcy procedure take?

If the court orders the sale of property, then 6-8 months. If debt restructuring is chosen, then within 3 years .

What happens to jointly owned property during bankruptcy?

It will first be sold, and its value will be divided into the creditor's share and the spouse's share .

What should you bring to your first court hearing?

The originals of all documents attached to the bankruptcy application will be . Well, and personal appearance or the appearance of your legal representative.

Do you need a lawyer?

The debtor is not required to hire an attorney. However, few citizens are able to independently competently protect their interests in court and take into account the number of nuances that a bankruptcy case requires. Therefore, we advise you to at least consider the services of a legal representative and contact our directory of lawyers.

If they give me debt restructuring, is that good?

Yes, you receive a single payment schedule for all creditors and a three-year period for closing debts. In this case, penalties, fines and interest are not charged . In addition, the debtor does not receive bankrupt status, which means his rights will not be limited.

What consequences await the bankrupt?

A borrower who has gone through bankruptcy will not be able to declare his insolvency again for 5 years, and when receiving a loan, he is obliged to notify the bank about his recent bankruptcy . In addition, he will be prohibited from leading the organization for 3 years.

Preparation for the process

Personal bankruptcy statistics show that many debtors do not know how to properly prepare for the procedure, so they make a lot of mistakes that can even affect the outcome of the case. You should be extremely careful in this matter.

The stages of preparation for the procedure can be distinguished as follows:

1. Receiving qualified advice.

You can learn a lot about the legislation regulating the process of recognizing the financial insolvency of individuals on the World Wide Web, but it is better to seek help from a professional lawyer working in the field of credit jurisprudence. He will review the materials on your case, assess your chances of success and possible risks, and then give advice on which solution can be considered the best in your case.

1. Collecting the necessary documentation and preparing the application.

The lawyer you consulted will need to know what documents should be submitted to initiate the process along with the application. You can collect them yourself or entrust the task to a specialist who provided advice. He will be able to collect all the information in the shortest possible time, prepare an application and immediately begin the process.

1. Professional help

On the one hand, you can independently attend the process, protecting your interests, but on the other hand, this task can be transferred to credit lawyers who have a perfect knowledge of the law and are therefore able to achieve the most favorable solution for you. Statistics show that bankruptcy of individuals is mostly filed with the assistance of qualified lawyers working in specialized organizations.

Bankruptcy statistics: who initiates litigation more often?

The following categories of persons can apply for recognition of financial insolvency:

• creditors: representatives of microfinance organizations, banks, individuals with promissory notes, companies;
• the debtors themselves;
• a government agency or the Federal Tax Service, if it is an interested party (if a tax debt has arisen).

Below are statistical data from the EFRSB demonstrating the frequency of filing for bankruptcy among Russians.

In 90% of cases, bankruptcy cases are initiated by the debtors themselves. In practice, creditors are interested in the client’s bankruptcy only in a situation where he has property to sell. We are talking about collateral – for example, a mortgage.

What will change in the law on bankruptcy of individuals in 2020

There are now 9,320 arbitration managers working in Russia - this is an unforgivably small figure given the almost 40 thousand bankruptcy cases last year and the constantly growing number of potential bankrupts. However, it is difficult to attract a financial manager to the judicial process not only because of their shortage and high workload (on average, such specialists handle 3-5 cases at a time), but also because of their selectivity in cases.

True, conversations about the development of relevant amendments have been going on for several years, but it is in 2020 that the likelihood of its consideration and signing is highest. Thus, in the last days of the past year, it became known that the Ministry of Economic Development is actively working on a bill designed to simplify the bankruptcy procedure for individuals whose debt amounts range from 50 thousand to 700 thousand rubles.

Statistics of Bankruptcy of Individuals in 2020

Indicate the number of units of collateral and real estate. Indicate the number of units of property to be sold at electronic auctions: collateral and real estate, as well as other property worth over a thousand. Select your status: Able-bodied Pensioner. Indicate the amount of your official income, rub. Type of transaction At market price Market value means the price corresponding to the average cost of property with similar characteristics on the ad sites Avito, Cyan, etc.

State duty for terminating the activities of an individual entrepreneur. The financial manager is obliged to publish the information provided for in the article Legal costs are calculated approximately on the basis that the Arbitration Court will satisfy the request to introduce a procedure for the sale of property, bypassing the debt restructuring procedure. If the court does not grant the petition, don’t worry about the consequences, read the link! You indicated that the value of your property subject to sale in the bankruptcy procedure exceeds the amount of your debts.

Bankruptcy statistics

The number of bankrupt individuals in the first half of 2020 increased by 45%, as evidenced by the latest report of the Fedresurs project. During the period from January to June of this year, arbitration courts declared 19.1 thousand citizens and individual entrepreneurs insolvent.

In total, in the first half of 2020, 32.5 thousand bankruptcy procedures were active. Of these, 59% of applications were declared insolvent and the sale of property was introduced in relation to them, 27% of cases are at the stage of completing the sale of the citizen’s property, 14% of citizens have begun to undergo debt restructuring, and 0.4% are already completing this procedure.

The number of potential bankrupts in Russia has exceeded 1 million :: Finance :: RBC

In January-October, Russian courts declared 53.9 thousand individuals and individual entrepreneurs financially insolvent, RBC was told in Fedresurs, a federal register that accumulates data, including on bankruptcies of citizens.
The number of court decisions on bankruptcy increases annually by one and a half times, but still lags far behind the NBKI estimates, notes the head of the Fedresurs project, Alexey Yukhnin: “Over the entire period since October 2020, 148 thousand citizens became bankrupt, which is 14.4% of potential bankrupt.

That is, the lag between potential and actual bankrupts is still very large.”

The bankruptcy procedure was mostly completed by citizens who lost their solvency before 2020, says legal partner Vladimir Zhuravchak. According to the lawyer, the first wave of bankruptcies affected wealthy people and business owners. Debt relief through such a procedure is not available to most borrowers with small debts, Zhuravchak sums up.

Special bankruptcy for small debtors

The costs of personal bankruptcy are prohibitive for most debtors, said the head of the Ministry of Economic Development, Maxim Oreshkin, in September. According to the minister, the cost of the procedure reaches 200 thousand rubles. and can be reduced by 20 times.

In November, the Ministry of Economic Development published for public discussion amendments to the Insolvency Law, which should simplify bankruptcy procedures for individuals. It follows from the document that citizens will have the opportunity to declare insolvency out of court.

The mandatory work of arbitration managers will be paid from a special support fund. The cost of the services of an arbitration manager in such cases should not exceed one tenth of the subsistence level of an able-bodied citizen.

In the second quarter, the cost of living for the working population amounted to 12.1 thousand rubles, as follows from Rosstat data.

Those whose debts range from 50 thousand to 700 thousand rubles will be able to apply for simplified bankruptcy. regardless of the length of the delay.

The value of their property, which can be recovered, must obviously be less than the existing liabilities.

In addition, debtors eligible for the procedure must not sharply increase the amount of debt (more than 25% of total liabilities) or get rid of property within six months before bankruptcy.

How will the number of bankrupts change?

Since 2020, the Bank of Russia began to warn about the risks of accelerated growth in retail lending, in particular unsecured lending. By April 2020, the growth rate of unsecured lending exceeded 25% in annual terms.

As of November 1, the debt of Russians to banks amounted to 17.25 trillion rubles, according to Central Bank statistics.

At the same time, the regulator recorded a gradual increase in the debt burden of the population: by October, this figure reached its peak value in seven years - 10.6%.

The number of potential bankruptcies has a high correlation with the growth rate of citizens’ debt burden, says Sergei Grishunin, head of the rating service of the National Rating Agency (NRA). According to his estimates, the number of potential bankrupts may increase in the future.

The growth in lending volumes will affect the absolute number of problem borrowers, admits Mikhail Doronkin, director and head of bank ratings at the NKR agency.

However, he doubts that the revival in the consumer lending market will significantly worsen the situation of clients, pointing out that the most “problematic” historically are unsecured consumer loans, the debt for which for the most part does not exceed 500 thousand rubles. (one of the criteria for triggering bankruptcy).

Default on the largest loans - mortgages - is now at historical lows, says Doronkin, noting that its growth is not expected.

The cooling of the segment should also be affected by the measures of the Central Bank - from October 1, the regulator obliged banks to assess the debt burden of clients when issuing unsecured loans. These measures are already beginning to have an effect, and the number of potential bankrupts is unlikely to grow much, says Anton Tabakh, chief economist of the Expert RA rating agency.

He also draws attention to the moderate lending policy of banks and stopping the fall in household incomes. Expert RA also does not expect a surge in real bankruptcies. “Currently the procedure is too expensive and complicated for those who do not have money.

New proposals from the Ministry of Economic Development may simplify the situation, but the law will not come into force until 2021, even if it is quickly passed,” concludes Tabakh.

Yulia Koshkina

Source: https://www.rbc.ru/finances/26/11/2019/5ddcfcea9a794731778589c8

Statistics on Bankruptcy of Individuals 2020

We warn you right away - it is better to entrust this event to specialists. No, this is not an attempt to sell your services. And not an attempt to make money off of you. Rather, this is good advice and an attempt to save you time and money. Again, collecting documents without a lawyer can be seriously delayed. It is necessary to prepare everything that has at least some relation to insolvency:.

At the beginning of the law, the state duty was 6 rubles, but it was reduced to rubles, but this could not motivate debtors. Important to remember! Next year, only individuals will be able to use the simplified scheme; Individual entrepreneurs and business owners will continue to prove their insolvency.