Terms and Definitions
"Platform Administrator" - LLC "Capital Plus" - a legal entity registered under the laws of the Russian Federation, legal address: 308015, Belgorod, st.
Gostenskaya, house 12, office 1, ensuring the functioning of the Site for the purposes of implementing the Program and carrying out the Processing of Personal Data (Personal Data Operator); “Blocking” – temporary termination of the Processing of Personal Data (except for cases where the Processing of Personal Data is necessary to clarify Personal Data);
“Access” – the ability to obtain Personal Data and use it;
“Personal Data Information System” – a set of Personal Data contained in databases and information technologies and technical means that ensure their Processing;
“Depersonalization” – actions as a result of which it becomes impossible to determine the ownership of Personal Data by a specific Personal Data Subject without the use of additional information;
“Processing of Personal Data” or “Processing” – any action (operation) or set of actions (operations) performed with Personal Data using automation tools or without the use of such means, including collection, recording, systematization, accumulation, storage, clarification (updating , change), extraction, use, transfer (Distribution, Provision, Access), Depersonalization, Blocking, deletion, Destruction of Personal data;
“Publicly available Personal Data” – Personal Data, access of an unlimited number of persons to which is provided by the Personal Data Subject or at his request, as well as Personal Data that is included in publicly available sources of Personal Data (directories) with the written consent of the Personal Data Subject;
“Personal Data” – any information relating directly or indirectly to the Personal Data Subject, in particular, his last name, first name, patronymic, date of birth, email address, telephone number, passport details, information about place of residence, information about education, address actual place of residence and registration at the place of residence and (or) place of stay;
“Rules” – these Rules for the Processing of Personal Data on the Site;
“Providing” – actions aimed at disclosing Personal Data to a certain person or a certain circle of persons;
“Disclosure” – actions (inaction) as a result of which Personal Data in any possible form (oral, written, other form, including using technical means) becomes known to third parties in the absence of a legal basis for providing such Personal Data to the relevant third parties ;
“Disclosure” – providing an opportunity to become familiar with the Personal Data being processed;
“Distribution” – actions aimed at disclosing Personal Data to an indefinite number of persons;
“Site” - page https://dabankrot.rf. on the Internet;
“Subject” or “Subject of Personal Data” – participants aged 18 years and older who are registered on the Site and transmit their Personal Data or legal representatives;
“Destruction” – actions as a result of which it becomes impossible to restore the content of Personal Data in the Personal Data Information System and (or) as a result of which the material media of Personal Data are destroyed.
What happens to the property of spouses and children during bankruptcy of an individual? faces?
Property of spouses is usually considered jointly acquired if it was acquired during marriage, and unless otherwise provided by the marriage contract. Accordingly, the task of the financial manager here is to separate the property of the debtor from the property of the other spouse. So, how can you resolve basic property issues in such situations?
- Bankruptcy in the presence of joint property. In this case, if the property of a spouse cannot be divided (for example, a couple owns a car), then it is subject to sale. The remaining funds after the sale and settlement with banks are returned to the second spouse.
- Bankruptcy with a mortgage. If a couple has a home with a mortgage, then it is subject to sale. It does not matter whether the spouses are co-borrowers. Thus, the wife’s property in the event of her husband’s bankruptcy, which can be a house or apartment (which is also the property of the spouse who filed for bankruptcy), is subject to sale. The remaining funds after settlement with creditors will be returned to the spouse.
- Bankruptcy and children's property. In bankruptcy, the children's property will most likely also be sold. For example, if the debtor owns an apartment purchased with a mortgage, then if there is a secured creditor in the register, it will be sold. You won't be able to avoid the sale. It does not matter whether the children are registered there.
Purposes, principles and conditions for the Processing of Personal Data
3.1. The processing of Personal Data is carried out for the purpose of registering Subjects of Personal Data on the Site, identifying Subjects to enter the site, into a personal account on the Site, as well as for the purpose of complying with legislation in the field of personal data protection.
3.2. Processing of Personal Data is carried out on the basis of the following principles:
3.2.1. the legality of the purposes and methods of Processing Personal Data and fairness;
3.2.2. compliance of the volume and nature of the Personal Data processed, methods of Processing Personal Data for the purposes of Processing Personal Data;
3.2.3. completeness and reliability of Personal Data, their sufficiency for the purposes of Processing, inadmissibility of Processing Personal Data that is excessive in relation to the purposes stated when collecting Personal Data;
3.2.4. the inadmissibility of combining databases of Personal Data Information Systems created for incompatible purposes;
3.2.5. the obligation to obtain specific, informed and conscious consent to the Processing of Personal Data.
3.3. Processing of Personal Data is carried out by the Platform Administrator.
3.4. Processing of Personal Data is carried out with the consent of the Personal Data Subjects, except in cases provided for by law. In particular, the Processing of Publicly Available Personal Data does not require consent.
3.5. Processing of Personal Data can be carried out in any way not prohibited by law, using automation tools and/or without the use of automation tools, and/or in a mixed way, as well as using the Internet.
3.6. When Processing Personal Data, the platform administrator complies with the rules for Processing Personal Data provided for by the Federal Law “On Personal Data” No. 152-FZ of July 27, 2006, ensures the security of Personal Data, takes the necessary legal, organizational and technical measures or ensures their adoption for protection Personal data from unlawful or accidental Access to it, Destruction, modification, Blocking, copying, Provision, Distribution of Personal data, as well as from other unlawful actions in relation to Personal data in accordance with the requirements specified in Article 19 of the said law, and also undertake to comply confidentiality of Personal data.
3.7. Transfer of Personal Data of the Subjects to third parties is possible only with the consent of the Subjects of Personal Data.
Consent to the Processing of Personal Data
4.1. When registering a Subject on the Site and transferring Personal Data by filling out a web form (electronic form), consent to the Processing of Personal Data is provided to the Platform Administrator by checking the box “By clicking the button you consent to the processing of personal data.” The date of granting consent to the Processing of the Subject's Personal Data is the date of sending the web form (electronic questionnaire) from the Site.
4.2. Consent to the Processing of Personal Data is valid for the period until the purposes of the Processing of Personal Data are achieved.
4.3. Consent to the Processing of Personal Data may be withdrawn by the Subject and/or his legal representative by sending a corresponding application in writing to the addresses of the Platform Administrator with a request to terminate the Processing of the specified Personal Data, which must be executed within a period not exceeding thirty days from the date of receipt of the specified review.
4.4. Subjects of Personal Data and their legal representatives should take into account that refusal to provide the Platform Administrator with Personal Data, refusal to provide the Platform Administrator with consent to the Processing of Personal Data, or withdrawal of consent previously given to the Platform Administrator for the Processing of Personal Data may result in the impossibility of further participation of the Personal Data Subject on the website or in your personal account on the Website.
4.5. The personal data subject has the right to withdraw Consent to data processing in writing.
Features of the sale of collateral property in bankruptcy
When filing an application for bankruptcy, a register of creditors is compiled. It indicates to whom and how much the debtor is obliged to pay, as well as the property used to secure loans.
If the only apartment is under mortgage, the mortgagee is usually the first to join the bankruptcy procedure. His ownership is confirmed by a mortgage agreement, mortgage and other title documents.
In case of bankruptcy, collateral is seized and sold. The funds received are distributed as follows:
- up to 70% - goes to the creditor who confirmed the pledge;
- 20% are transferred to the financial manager, and he repays other creditor claims with their help;
- 10% is transferred to a judicial deposit, from which legal costs and payment for the work of the manager are paid.
If the amount of debt to the mortgagor is less than 70% of the value of the property, then the mortgagor receives funds in proportion to the debt, and the rest is distributed among other creditors.
How is the assessment done?
There is an opinion that the financial manager carries out the assessment and you can somehow “agree” with him. In fact, the price of property in bankruptcy is set by a judge based on the appraiser's report. If the debtor does not agree with it, he can hire an independent appraiser. He will assess the value of the property that was the subject of the proceedings and issue his conclusion. The court may accept his point of view, but has the right to leave its own price.
Much depends on the financial manager during bankruptcy. He can use items whose total value is equal to the size of the debt to pay off debts, while keeping the bankrupt’s car or apartment.
Why can the only housing be seized?
Thus, in the event of bankruptcy of individuals, the only housing can be seized if it is under an encumbrance. The mortgagee may be not only a bank, but also any microfinance organization, consumer credit cooperative or private individual.
It is important to understand that not only mortgage real estate can be seized. If a bankrupt took out a consumer loan secured by his apartment, then the lender will claim it first, even if it is the only one.
Debt amount
The size of the debt is of key importance in bankruptcy, namely in confiscation. Thus, they will not be able to take the apartment if the amount of debt is less than 5% of the assessed value.
In addition, if the home is not the only one, then it may not be taken away if the income from the sale of other property is enough to pay off the obligations.
The borrower's income is also important. If its value is constant and the amount of obligations is relatively small, then the court may order debt restructuring instead of selling the property.
Final provisions
5.1. These Rules are posted on the Site in the public domain.
5.2. The subject of personal data can receive any clarification on issues of interest regarding the processing of his personal data by contacting the Operator via email
5.3. The rules are valid indefinitely until they are replaced by a new version. These Rules may be changed at any time by the Platform Administrator. The new version of the Rules has legal force for Personal Data Subjects and other third parties from the moment the new version of the Rules is posted on the Site.
5.4. The current version of the Policy is freely available on the Internet at https://dabankrot.rf/privacy-policy.
