Messages 11
1 Topic by Admin 08/18/2016 13:14:30
- Admin
- Finance Doctor
- Inactive
Topic: After completing the procedure, how long will it take for the cards to be unblocked?
Former bankrupts write to us: “Hello! Please tell me, after completing the procedure, how long it takes to unlock the salary account. And what are my actions, I have to go to the bank myself or there will be some kind of paper from the court to unblock. "
2 Reply from OK 08/18/2016 19:34:38
- OK
- Free from debt
- Inactive
Re: After completing the procedure, how long will it take for the cards to be unblocked?
This topic interests me too. Next week I will ask my lawyer what to do. Salary project in Sberbank, but they completely wrote off everything. I talked to the management during the bankruptcy and they allowed me to transfer my salary to MDM Bank. Everything is fine there, the account was not blocked. The FU withdrew and gave it to me monthly. Now I will have to return to Sberbank (I promised the management that I would return as soon as everything was over). I don’t know yet how it will be) I’ll let you know how this issue is resolved.
3 Reply from alferov77 09/19/2016 13:47:52
- alferov77
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Re: After completing the procedure, how long will it take for the cards to be unblocked?
I'm also interested in this question. I understand that the procedure is just being worked out, but are there really no people who have already completed it completely? There is zero legislation on this.
4 Reply from Admin 09/19/2016 14:15:48
- Admin
- Finance Doctor
- Inactive
Re: After completing the procedure, how long will it take for the cards to be unblocked?
Our clients open new bank accounts and receive new bank cards. Clients contacted Sberbank and, together with their employees, decided that it was easier to open a new personal account than to unblock the old one before bankruptcy.
5 Reply from alferov77 09/19/2016 15:09:16 (modified by: alferov77, 09/19/2016 15:10:39)
- alferov77
- Newbie
- Inactive
Re: After completing the procedure, how long will it take for the cards to be unblocked?
And there will be no obstacles to opening new cards? After all, as far as I understand, it is impossible to open new cards during the implementation period (the bank itself will not open it, even if it is not part of the creditors)? And again, is it possible in this case to open it in the same bank (not the lender) where there was previously a card, but just another one, for example, with a different tariff plan)?
6 Reply from ispandirova 09/20/2016 10:07:23
- ispandirova
- Newbie
- Inactive
Re: After completing the procedure, how long will it take for the cards to be unblocked?
Good day everyone! I want to talk about the difficulties in unlocking a Sberbank card. Court decision of 08/04/2016 to complete the sale of property and release the citizen from fulfilling obligations. Salary card in Sberbank (I’m on maternity leave for up to 1.5 years). As of September 20, 2016, the card is still blocked. I contacted the contact center and they sent me to the bank office. The bank branch gave information about the arrests (where it was stated that the arrest was by order No. of Sberbank and the phone number. I called this number (explained everything - write a response, we will consider it within 30 days). 08/24/2016 brought a decree from the bailiffs about lifting the arrest, but Sberbank still does not remove the arrest from the card. (Although in the complaint she indicated that child care benefits have been received in this account for 9 months.) Here they write that they should open a new account. The new account is also blocked. I ordered a new one card (the card arrived at the Sberbank branch, but there is no envelope with a PIN code). They cannot issue the card. They said the procedure is new and you may have to wait a few more months. It turns out that the law has not been written for Sberbank.
7 Reply from 03031974marina 21-12-2016 08:57:53
- 03031974marina
- Newbie
- Inactive
Re: After completing the procedure, how long will it take for the cards to be unblocked?
After completing the procedure for selling property and releasing obligations, do you need to make a new salary card yourself or does the financial institution return the old one? What documents need to be submitted to the bank for this?
8 Reply from AU 21-12-2016 13:21:47
- AU
- Professional
- Inactive
Re: After completing the procedure, how long will it take for the cards to be unblocked?
After completing the procedure for selling property and releasing obligations, do you need to make a new salary card yourself or does the financial institution return the old one?
Such questions should be addressed to the specific manager. Specifically, I'm returning it.
What documents need to be submitted to the bank for this?
Such questions should be addressed to the specific bank. There are no general rules.
9 Reply from Alex 22-12-2016 09:22:07
- Alex
- Free from debt
- Inactive
Re: After completing the procedure, how long will it take for the cards to be unblocked?
The financial institution sends notifications to banks at the beginning of the procedure; banks block accounts and cards too. If the salary card is in the creditor bank, then there will be difficulties; it is better to issue new cards after bankruptcy in another bank. If the bank is not a creditor, then there are two options - either Alfa Bank itself unblocks the account, they monitor bankruptcy - you just need to write an application for re-issuance of cards. Or you will have to write an official letter and attach a copy of the determination - as most banks now require.
10 Reply from Lukerya 04/09/2017 01:12:39
- Lukerya
- Free from debt
- Inactive
How to collect debt through a writ of execution and a bank
When a document is received from the court, there is no need to rush to send it to the bailiffs. First, you should carefully understand how to collect money from the bank. Even if the subject is the head of the organization, he may not be aware that it is possible to collect money from the debtor through a bank. The law provides for the possibility of using a writ of execution for this purpose.
But it is important to understand that it will not be enough to simply transfer a court document to a banking organization. This process has its own characteristics, rules and details prescribed in the legislation of the country. As we have already noted, it will take less time to return your funds through the bank, but still this method is not very common.
Collecting debts from a bank begins with writing an application to submit a court paper to the bank. The application must include all the information prescribed by the legislator. First, let’s look at the data relating to the applicant and which requires mandatory filling out:
- Bank details of the applicant required for the debt to be transferred to the bank account.
- For individuals, full name, citizenship, place of registration or residence, passport information, and TIN must be indicated. If the case concerns foreigners, additional documentation will be required.
- For legal entities, you need to indicate the name of the company, OGRN and INN, the location of the tax service that registered the legal entity, as well as the legal address of the enterprise.
There should be no other information in the application to submit a court document to the debtor's banking institution. But, as can be seen from the list, the application does not contain any information about the debtor. This will be discussed further.
This is important to know: The list of property for which foreclosure cannot be applied under Art. 446 Civil Code of the Russian Federation
Blocking an account in case of bankruptcy
When preparing for a bankruptcy case, which begins with the preparation of procedural documents in court, the debtor must draw up an inventory of his property. In this inventory, the debtor must indicate information about all open accounts in his name. You will also need to indicate the amount of funds that are in these current accounts. Among other things, the bankruptcy estate of the debtor will be formed from these funds.
It is worth noting that banking organizations are also required to notify the bankruptcy trustee about the debtor’s open accounts. However, this obligation arises only if the bank is aware that a decision has been made regarding its client to declare him bankrupt.
From the moment the citizen is declared bankrupt, all actions to manage these accounts will be carried out by the insolvency administrator. At his request, account data is subject to blocking.
ATTENTION : our lawyer will help you understand the legality of blocking an account during bankruptcy, as well as other procedural issues: professionally, on favorable terms and on time. Call!
Deadline for lifting tax account restrictions
No later than the next day after receiving information about the payment of mandatory payments, the Federal Tax Service will make a decision to lift the suspension of transactions on the taxpayer’s accounts and send it to the bank. In case of failure to comply with the deadline for canceling the decision to suspend operations or sending it to the bank, interest will be accrued and payable to the taxpayer.
Note!
The decision to block an account due to failure to submit a tax return is canceled no later than one day from the date of submission of the return.
If the account was blocked due to the inability to transfer documents electronically, unblocking will occur no later than the next day after such a possibility is provided.
If blocked for failure to provide documents required by the Federal Tax Service, the account will be unblocked no later than one day from the receipt of a receipt for sending the required information or from the date of personal appearance of the taxpayer with these documents at the Federal Tax Service.
Blocking a salary card in case of bankruptcy
As stated above, during bankruptcy proceedings, the so-called salary accounts of the debtor are subject to blocking. As a general rule, the debtor will receive a living wage from these funds. You will not be able to perform any operation yourself. The money received from wages will be accumulated by the arbitration manager in a special account for subsequent settlements with creditors.
USEFUL : read about deductions from wages in the bankruptcy procedure of an individual at the link
Search for debtor's bank accounts
It has already been noted that presenting a writ of execution to the debtor’s bank is associated with a number of difficulties. Finding a bank account is the main problem on the way to fulfilling your requirements, because before you try to get execution on your own, you need to at least understand where you need to bring the writ of execution you received. If you have not worked with the debtor by transferring funds from account to account, it is almost impossible to find out the bank account number of a person you do not know well.
When searching for bank accounts, a lot depends on who the debtor is, an individual or a legal entity. The latter option is preferable for you as a creditor, since the legislation regulating the activities of legal entities obliges them to regularly provide information about bank accounts to the Federal Tax Service. It is the Federal Tax Service that will provide you with the necessary data in the manner prescribed by law. There is no obligation for an individual to provide such information, and therefore the tax office simply will not have data on the individual who owes you money.
The procedure established by law for obtaining information from the Federal Tax Service is the same for both organizations and individuals. The provisions governing the relevant procedure are contained in article 69 of the Law on Enforcement Proceedings. The basis for the appeal will be a writ of execution, the only requirement for which is the unexpired period for presentation. Tax authority employees are required to issue you the requested certificate within 7 days from the date of application.
This is important to know: Act on the impossibility of collection under a writ of execution
If the outcome is successful, when the tax authority has the necessary information about the debtor’s bank accounts, you can take the next step, namely, decide which banking organization to apply for collection.
If there are several open bank accounts of the debtor in the bank, collection is carried out from all bank accounts, to the extent of the demand for collection of funds contained in the writ of execution.
The mere existence of several bank accounts for a debtor does not indicate the availability of funds. Of a large number of accounts, one or two may be used, and the amounts contained in them may be quite insignificant. The main problem is that you will not be able to find out about this before contacting the bank, since the tax service only provides information about the existence of accounts, but not about the funds in them.
If in the recent past you have made non-cash settlements with the debtor, then to apply for the writ of execution, choose the bank that is indicated in the payment documents. In this case, there is a high probability that the debtor has not yet managed to close the account and withdraw funds, since he has not yet been notified of the existence of enforcement documents.
If you have information about the debtor’s place of work, you can ask the employees which bank owns their salary cards. If it is not possible to identify the most frequently used bank, contact any of those whose list you received from the Federal Tax Service, because if there is no money in the account, bank employees will return the writ of execution to you. Apart from time, you will not lose anything, and for execution, contact the next bank.
The video discusses in detail the collection under a writ of execution
Unblocking an account after bankruptcy
The bankruptcy procedure ends with the court adopting an act on the completion of bankruptcy proceedings and the release of the debtor from fulfilling financial obligations.
These determinations are subject to immediate execution. Also, information about the completion of the bankruptcy procedure is entered by the arbitration manager into the bankruptcy register. The question of unblocking your accounts, depending on the specific situation, can be resolved in different ways, for example,
If an account is opened with the debtor's creditor bank, such an account can be unblocked by the bank itself on its own initiative, since the credit institution is aware of the completion of the relevant procedure.
If the account is opened with a third party, your personal application will most likely be required. It is certainly necessary to attach a copy of the judicial act to the application, with the court’s notes. It is also possible to submit a screenshot of an extract from the bankruptcy register.
Errors when unblocking accounts
Account blocking is a nervous situation for any entrepreneur. First of all, you should not quarrel with bank employees. On the contrary, win them over, this will have a positive effect on the solution, and the employees will tell you what to do to solve the problem.
Complaints to the Central Bank of the Russian Federation, the prosecutor's office and other structures will not help either. Use this tool only if the bank has made a negative decision on unblocking.
Failure to provide or concealment of documents is a dead end. All documents must be submitted in the form required by the bank. All written explanations must be clear and understandable.
The Kontur.Accounting service will help you avoid account blocking. The service includes simple accounting, assistance in preparing payments and recommendations for conducting business. Even if there is a problem with blocking, we will help you attract a specialist to resolve the issue. All newbies are given a free 14-day trial.
My bankruptcy procedure ended, I wanted to know how long after
After its completion, my bank cards will be returned and my accounts will be unblocked.
Maxim, sorry! Where is your financial (arbitration) manager? If you really went through the bankruptcy procedure, and don’t think that you went through it, but actually fell for scammers? However, usually in such cases, scammers and a false manager are appointed!
It looks like you just have trouble!
Attention! Reply from a user who is not registered as a lawyer.
You must have a court ruling on the completion of the procedure for the sale of property in relation to you. (there may be several definitions for each lender). With this determination (and) you need to go to the bailiff service and fill out a number of necessary documents there. Receive a paper stating that, based on a court decision, you have been declared bankrupt and are released from property claims. You will have to get new bank cards, and your accounts will have to be unblocked, but only if you have the above document from the bailiff service.
1) If you handed them over to your FU, then he must return them to you according to the acceptance certificate.
2) Unblock the accounts yourself, take the Decree on the completion of the sale of property (either order from the court office with an official seal, or the court usually sends it out by Russian mail) and go to the bank to remove the block.
Arbitration manager Afanasyev Vyacheslav Aleksandrovich
(Personally completed 90 bankruptcy procedures for citizens with complete write-off of their debt)
Link to judicial practice https://vk.com/id1160699
For any questions regarding bankruptcy please contact:
8 (whats app, viber available)
You will unblock the accounts after you receive the determination of completion and your cards; the manager is not obliged to unblock your accounts after the procedure - the bank simply will not allow him to do this!
alishavalenko.ru
Terentyev Bogdan
- 13.08.2018 /
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If the citizen and the financial manager have disagreements regarding the execution of these transactions, they have the right to apply for resolution of such disagreements to the arbitration court hearing the citizen’s bankruptcy case. From the date of introduction of the restructuring of a citizen’s debts, he has no right to contribute his property as a contribution or share contribution to the authorized capital or share fund of a legal entity, acquire shares (shares, shares) in the authorized (share) capital or share funds of legal entities, as well as make gratuitous for the citizen of the transaction.
The paragraph is no longer valid. — Federal Law of June 23, 2016 N 222-FZ. (see text in the previous edition) 5.1. A citizen has the right to open a special bank account and dispose of funds placed on it without the consent of the financial manager.
Consequences of introducing the restructuring of a citizen’s debts (introduced by Federal Law No. 154-FZ of June 29, 2015) 1. From the date of the arbitration court’s ruling on recognizing as justified the application for declaring a citizen bankrupt and the introduction of the restructuring of his debts, a moratorium is introduced on satisfying the claims of creditors for monetary obligations, about payment of mandatory payments, except for the cases provided for in this article.
Blocking of accounts and other restrictions during bankruptcy proceedings
About thirty years ago, serious changes occurred in our country, which led to a complete change in the socio-political and economic system. Since then, we have all lived according to the laws of capitalism. This gave many active people the opportunity to create their own business and implement their planned projects.
However, in order to make a profit in a capitalist economy, companies and enterprises are forced to compete. In this race, you can either win and become a leader, or lose and then the company will face bankruptcy proceedings.
According to current legislation, enterprises must make monthly payments to the state. If a company fails to meet its tax obligations, then the tax authorities have the opportunity to block its accounts and also impose other restrictions. This can cause serious damage to the business, but on the other hand, it will give owners the opportunity to trust their abilities in extreme conditions, work on mistakes and increase efficiency.
This article will discuss how dangerous bankruptcy restrictions can be, as well as how a company can get such a decision reviewed and how it can use its funds even if accounts are blocked.
Reasons for blocking a current account
The list of reasons for blocking a company's current account is extensive - from non-payment of taxes to dubious or illegal transactions. Let's look at the main points when an account can be blocked.
Blocking at the request of tax authorities . Occurs due to non-payment and late taxes, failure to submit declarations, reporting, and so on. The full list of reasons is given in Article 76 of the Tax Code of the Russian Federation.
Expenditures for unspecified purposes . If in most of your payment orders the purpose of payment is “Other expenses”, the bank may block the account until the reason for such transactions is clarified with reference to Federal Law No. 115-FZ. The wording “Other expenses” always raises questions, so indicate the purpose of the expense correctly.
Operations listed in Article 6 of Federal Law No. 115-FZ . First of all, questions will be raised by transactions in the amount of 600,000 rubles or more. This may be withdrawing money from a company account or crediting loans from companies and individuals that are registered in the territory of the Islamic Republic of Iran and the DPRK, in accordance with Order of Rosfinmonitoring dated November 10, 2011 No. 361. Try to avoid cash payments and carefully study Article 6 AML/CFT.
Systematic withdrawal of money . Do not abuse the constant withdrawal of funds; this is a reason for the bank to block you.
Questionable transactions or transactions without economic sense . The purpose of commercial activity is to make a profit, so huge and irrational expenses raise questions. For example, the tax office sees losses in your reports, and the salaries of top managers are at the level of fees for the directors of Google and Microsoft.
Working with shell companies and a large number of intermediaries . The bank wants to know not only what the payment is being made for, but also in whose favor. If your payment moves through a chain of shell companies, and the bank cannot identify the final recipient, the payment processor will be blocked.
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Transactions differ from the statutory activities of a company . If a company is engaged in the production of concrete, but one day money begins to flow into its account for marketing promotion services, the bank will have a reason to block it.
No “standard” expenses . Any company pays for utilities, rent, raw materials, pays salaries, and accordingly, all these payments must be made monthly. If there are no “standard” payments, the bank may demand clarification and block the account.
Payment orders with errors . An error in a payment is normal. But if their number is constantly growing, the bank will be suspicious.
The list is far from exhaustive. Questionable transactions are an abstract category; its interpretation depends on the bank and the specific situation.
Blocking a legal entity's account
The laws in force in our country enable tax inspectors to block transactions with enterprise accounts. The nature of this procedure is described in Article 76 of the Tax Code of the Russian Federation. According to the rules, the tax service can resort to such actions for two reasons.
- If in this way it is possible to ensure the execution of decisions aimed at collecting mandatory payments.
- Blocking can also be carried out in relation to enterprises that have not submitted their declaration on time.
Blocking an account leads to the bank completely servicing it, which means that it will be very difficult for the company to continue business activities.
What operations may be available
If the account was blocked in bankruptcy in part (not for the entire amount), then the company has the opportunity to use the balance. If the account was completely blocked, according to the law, the campaign still has the opportunity to carry out some operations. At the same time, she must observe the order of payments depending on their importance.
- The first step is to pay off the debt that has arisen.
- Make payments to employees.
- Pay insurance premiums.
- Make advance payments for mandatory tax payments.
How to unblock an account
A legal entity can unblock an account by performing a number of necessary actions.
- First you need to understand exactly the cause of the problem. To do this you need to contact the bank and tax service.
- After the situation becomes clear, you need to take measures to solve it (if possible).
- When the company eliminates the problem and closes the debt, the tax service will unfreeze its accounts.
The blocking period depends on how quickly the legal entity can resolve the issue with the necessary payments.
What are the benefits of bankruptcy for a private individual?
Of course, the situation when an organization or individual cannot fulfill its financial obligations is not very pleasant. However, even in this case, you need to look for the positive sides of the processes. To begin with, this is a lesson that a person learns best, because he will have to learn from his own mistakes, which means there is a high probability that he will not repeat them again. After the debts are written off, it will be possible to start developing the business again, while making the necessary conclusions and increasing the efficiency of the enterprise. Among other advantages of bankruptcy, experts highlight:
- the debt is paid gradually, and during this process the interests of both the creditor and the debtor are taken into account;
- all claims brought against the debtor are transferred to the same court in which the issue of bankruptcy is being considered, this significantly simplifies the debtor’s position;
- enforcement cases that were opened against the debtor are automatically terminated after declaring him bankrupt;
- the debt that a specific person or organization has after bankruptcy is fixed, which means that fines and interest will not be charged on it.
All this allows an individual or legal entity declared bankrupt to again conduct economic activity by paying off debts.
How to unblock a bank account blocked by the tax authorities
The blocking is canceled after the reasons for which it was installed are eliminated, respectively:
- if the account is blocked due to non-payment of mandatory payments to the budget, it is necessary to pay the debt to the budget or or deposit money into the account blocked due to insufficient/lack of funds for collection;
- if the block is due to an unsubmitted declaration, you need to submit it;
- if the account is blocked due to failure to provide other documents required by the Federal Tax Service, you need to send these documents to the inspectorate.
Difference from ordinary
In the Civil Code of the Russian Federation, the very concept of “special bank account” is interpreted as one of the types of bank account. Special bank accounts can be opened by individuals and legal entities, private entrepreneurs. But there is still no legal definition of a special bank account.
That is why it is interpreted by judicial institutions in various forms. The absence of its definition can either harm or help the debtor win court proceedings and turn the case in the necessary direction. The concept of a special bank account is regulated by Chapter 45 of the Civil Code of Russia.
A special bank account is defined as a bank account that holds finances that need to be separated from the main bank accounts of a person or organization. Special bank accounts are predetermined for both debtors and investors. Therefore, they cannot be clearly called accounts intended for debt payment.
