LAND BANKRUPTCY
Content
- You are on the main forum about bankruptcy of individuals in Russia
- How are assets sold in bankruptcy?
- Bankruptcy bidding: a complete overview of the procedure, bidding algorithm 5 best bankruptcy platforms
- How not to lose property during bankruptcy of individuals: advice from money managers
- What are the consequences of bankruptcy of an individual: bad, positive, for relatives and the debtor
How to Buy Land at Bankruptcy Auctions ➜ Academy of Bankruptcy Trading by Oleg Selifanov
Resolution of the Seventh Arbitration Court of Appeal dated August 1, 2011
“A procedure has been established that determines the right of an agricultural organization or peasant (farm) enterprise using a land plot to apply to a local government body with an application to conclude a purchase and sale agreement for a land plot or a lease agreement within three months from the date of state registration of municipal property rights at a price not more than 15 percent of the cadastral value of the land plot (for purchase and sale), explained Nikolay Stepanov, partner at Legal. — Bidding for the right to conclude a sales or lease agreement is not held, which can significantly increase the number of transactions with agricultural land plots. Moreover, the municipal body is obliged, within two weeks from the moment of state registration of the right to a land plot allocated as land shares, to publish in the media and post on its official website on the Internet information about the possibility of acquiring such a land plot.”
How are assets sold in bankruptcy?
APPLICATIONS AND CALLS ARE ACCEPTED 24 hours a day and 7 days a week..
To pay off debts, foreclosure is applied to the money (bank accounts, cash) of the debtor and his property.
The auction is carried out by increasing the original price of the lot by a “step” established by the organizer in the amount 5 -10%.
We have outlined all the external and internal signs of bankruptcy that indicate the company's insolvency here.
For lots with a significant price, it may be provided.
How much does it cost to carry out an insolvency (bankruptcy) procedure for individuals? Prices can vary significantly from region to region, as well as from the characteristics of the debt. A “simple” procedure will cost from 10-30 thousand/rub. month, plus operating expenses: 1. Transport2. Stationery3. Related to various procedural issues (publications, fees, etc.) Get a free consultation! guarantee deposit.
Access to information about trading is always free. If the auction favorite refuses to sign the contract, the deposit is not returned, the deal is canceled, and the right of redemption passes to the previous applicant
We have compiled a step-by-step summary of personal bankruptcy for you here.
That’s why FREE expert consultants are available to you around the clock!
APPLICATIONS AND CALLS ARE ACCEPTED 24 hours a day and 7 days a week..
Land share - what is it, withdrawal, agricultural assets by inheritance, rights, sale
- details, passport information of both parties to the transaction;
- name, address, exact location and coordinates of the share;
- individual share certificate number and date of issue;
- confirmation of the full legal capacity of participants;
- the current amount of the cost of the land share;
- it is necessary to indicate a clause stating that after the conclusion of the transaction the participants have no claims against each other.
This is interesting: How can you sell a house if a child is registered in it?
Land, bankruptcy, “corporate”: experts discussed what worries lawyers
Pravo.ru held a conference dedicated to the legal challenges of the Krasnodar region, but the topics discussed were quite universal. At a session on real estate law, experts explained how to challenge a cadastral error involving border crossings in court and how to achieve greater compensation for land seizures. In addition, the speakers covered the latest changes in corporate and bankruptcy legislation and gave practical advice to colleagues.
On September 29, the Pravo.ru conference was held in Krasnodar, dedicated to the legal challenges of the southern region. One of the panels was devoted to real estate issues, including land plots, which is important for Kuban as an agricultural region. Sergei Radchenko, senior lawyer at the Yug Law Office, spoke about how disputes regarding crossing the boundaries of land plots are correctly resolved. According to him, there are a lot of such cases, and there are a lot of mistakes in them. This is due to insufficient legislative regulation, as a result of which the courts do not know how to resolve such disputes, the speaker explained. He talked about three ways people typically try to solve the problem of overlapping boundaries.
Registry error correction request
Usually they require that the entire plot be removed from the cadastral register. This is a widespread mistake, Radchenko believes: after all, the law prohibits corrections that will lead to the termination of the registered right to the object (Clause 3 of Article 61 of the Law on State Registration of Real Estate). Instead, the speaker advises asking to “correct the error by adjusting the boundaries.”
Boundary Requirement
“If the previous lawsuit was aimed at correcting virtual, paper borders, here they are physical, on the ground,” Radchenko explained the difference.
Request to invalidate land surveying (land survey work/land survey plan/actions of cadastral engineer)
Here Radchenko identifies two shortcomings. Firstly, a legal fact can be declared invalid, but land surveying in itself does not entail legal consequences. Secondly, a claim to declare something invalid is possible when it is provided for by law [but not here]. To protect the right, such a claim is not enough - according to Radchenko, this was “hinted” by the Supreme Court in ruling 32-КГ16-29.
He also talked about why the courts refuse such demands and how to deal with it.
80% of refusals are due to the fact that the courts see a dispute about the law. But here we can talk not about the right, but about an interest protected by law, says the lawyer at Yug Law Firm. Another common reason for refusals is unproven claims. Radchenko advises obtaining a boundary plan before filing a claim, and if it is not enough, ask for a land management examination later
— Sergey Radchenko, Law Firm “Yug”
The participants also touched upon other land issues. Roman Dyakov, partner in the Real Estate and Construction practice of the National Law Firm, spoke about the nuances of transactions with shared ownership. Managing Partner of Domashchenko and Partners Law Firm Roman Domashchenko gave advice on what to do if land is to be confiscated. Already when a letter about this is received, you need to “work with people, find out what methods appraisers use” and prove that the land is worth more. “You can get an acceptable amount without going to court, because going to court can be more expensive,” Domashchenko said. “This is what happened to our clients, whose land was seized for the construction of the Kerch Bridge.” Moreover, if we are talking about fields and undeveloped areas, then arbitration practice is not on the side of the owners, the speaker admitted.
Dmitry Rud, financial adviser at Domashchenko and Partners, told us what requirements for developers have appeared recently. To register the first equity participation agreement, the developer must already have three years of work experience, which seems absurd to the speaker. In addition, you must have a fully paid authorized capital, the amount of which depends on the number of square meters being built. In addition, there is another limitation - “one developer - one object,” continued Rud. “Until one facility is put into operation, you cannot start the next one,” the lawyer explained. In view of this, in the near future it will be possible to buy legal entities that have the necessary construction experience - they will have value, Rud predicted. In his opinion, these and other requirements can make life difficult for developers. At the same time, even small companies have the opportunity to make money, for example, from abandoned objects, Rud said. The authorities are interested in someone “picking up” and finishing unfinished projects, which can be located not only on the outskirts, but also in the center. At an interdepartmental commission (with the participation of the prosecutor's office), it is possible to increase the building footprint or agree on a higher number of storeys, so there is economic sense in completing the construction of many such objects, Rud concluded.
Corporate law: major transactions and access to information
Of no less interest to those present were changes to corporate legislation, which were discussed by the executive director of the National Legal Organization, Zaurbek Akhmetov. According to him, the deadlines for many procedures have been shortened, and the rules for holding general meetings have also changed. In 2020, an important set of changes regarding interested party transactions and major transactions came into force. In practice, with such transactions, Akhmetov sees distortions in both directions: some companies completely ignore the rules (but this threatens possible challenge), and sometimes, on the contrary, the general director does not want to take responsibility and asks the board of directors to decide.
How to determine which deal is large for a company? The cost criterion is not enough here. It will help to clarify in the law what activities are normal for the company. For example, one landlord company leased a complex of real estate to the “parent” company. The director of the subsidiary was worried that, according to formal criteria, the deal was large, and their relations with minority shareholders were tense. But we issued a conclusion that the deal is not major. After all, the lease had been going on for 15 years, the company did not cease operations, but only the rent changed
— Zaurbek Akhmetov, National Legal
The rules for access to information have also changed, expanded versions of articles have appeared with a list of documents available to any participant or shareholder (although in a joint-stock company everything still depends on the ownership of one or another percentage of shares). According to Akhmetov, this will be useful to participants who no longer take their participation as frivolously as before. Now, according to the lawyer’s observations, a wave of corporate disputes has arisen, including around access to information. On the other hand, the list of documents that the company must store has been supplemented, Akhmetov noted.
After him, the lawyer of the Administrative Office of the Krasnodar Territory, Alexey Ivanov, spoke, who complained that corporate conflicts “like” to be resolved by initiating criminal cases. Government contracts also carry criminal legal risks. “You can see this using the example of the Serebrennikov case,” Ivanov commented. He gave recommendations on how to prevent criminal legal risks in companies. In particular, he advises avoiding free email services, not neglecting antivirus software, and remember that auditors checking your company may come to the attention of law enforcement agencies.
Bankruptcy: non-residential housing and accountants in danger
Another session of the conference in Krasnodar was devoted to bankruptcy issues. The main trends of 2020 were highlighted by Sergei Kislov, partner of the Moscow CA “Kovalev, Tugushi and Partners”. In his opinion, this is an increase in subsidiary liability, as well as a tightening of the responsibility of managers, which has swung like a pendulum, “from impunity to absolute responsibility.” Denis Fridman, Deputy Chairman of the KRO AYUR Denis Fridman, spoke about current problems of bankruptcy of individuals. For example, the only home cannot be sold for debts, but what should a family who lives in a two-story garage do, Friedman asks. “We are trying to help them and expand the concept of housing through the prism of the Constitution and international law,” the lawyer shared. Another “dangerous” aspect of bankruptcy for individuals is the common property of spouses. “You have to manage to allocate a share, otherwise they will do it for you,” Friedman warned.
An overview of the latest changes in legislation regarding subsidiary liability was presented by Elena Lazareva, Corporate Protection Advisor at Domashchenko and Partners. The period for bringing to justice has increased. Now it is 3 years from the time the applicant learned or should have learned about the reason to hold him accountable, but no later than three years from the date the debtor was declared bankrupt (termination of proceedings) and no later than 10 years from the day when the illegal actions took place. “Now the managers will think about whether they should check the balance sheets for 4, 5, and so on, to see if the property was withdrawn,” Lazareva commented.
To hold a controlling person liable, it must be proven that it controlled the debtor: “had the right to give binding instructions or otherwise determine its actions.” In particular, this may be possible due to the relationship, property, or official subordination with the debtor. According to Lazareva, businesses can be registered in the name of anyone - wife, mother-in-law, driver, and so on. But the connections themselves do not mean anything; it is necessary to prove that the person is in control, the lawyer emphasized. She also drew attention to the vulnerable position of chief accountants.
It is necessary to protect chief accountants from the risk of subsidiary liability, who, willy-nilly, must draw up a “good” balance sheet in order for the company to receive a loan or lease equipment. To do this, it is worth stating in the job description that the accountant acts on behalf of the director
— Elena Lazareva, Domashchenko and Partners
Share:
Who can receive a land share and what is allowed to be done with it
In 1991, the government of the country decided to reorganize collective and state farms. As a result, decree number 86 was born, indicating that absolutely all employees of state and collective farms, even retired ones, are entitled to land shares. In the future, anyone could be allocated land according to them, and the documents indicated how much common land belonged to a specific person. Also, the land plot was allocated to the following categories of the rural population:
This is interesting: Law on Silence in the Republic of Bashkortostan 2020
SNT BANKRUPTCY - why it CANNOT be allowed
As a result, after 7 years of bankruptcy proceedings, in the summer of 2020 they were finally declared bankrupt and the procedure was completed. I had a chance to personally communicate with one of the land owners in SNT “Diana”, and so she still receives orders to initiate enforcement proceedings from bailiffs every six months, in the amount of 20 - 30,000 rubles for debts on membership fees and invoices debt to the creditors of the bankrupt SNT , because the bankruptcy trustees increased the debt so much during the bankruptcy procedure that there was not enough common property, and many owners actually pay with their property...
We recommend reading: 60 years of experience as a labor veteran, what are the benefits?
SNT BANKRUPTCY - why it CANNOT be allowed.
In SNT “Diana” in the Volgograd region, it got to the point that SNT residents blocked the street in front of the administration due to the fact that the bankruptcy trustee deprived them all of electricity (more than 500 houses). And this is in winter... The issue seemed to be resolved, but a few months later the electricity was turned off again. In general, the story of SNT “Diana” found a wide public response; it was talked about a lot in the media and written in newspapers.
Also, Energosbyt’s requirements were based on an act signed by SNT watchman A. Zaitsev, who is not a duly authorized person in SNT to sign such documents, according to the agreement concluded by SNT with Energosbyt. Such documents could only be signed by the chairman of the SNT.
The only housing and bankruptcy: the “untouchability” of the apartment
The question that worries debtors most is what happens to their only home during bankruptcy? Every person can run up debts, especially those who find themselves in a difficult financial situation, but does this mean that debtors should now live on the street?
No! The law in this regard is firmly on the side of potential bankrupts - the only housing of debtors has the status of “untouchable”. This means that it cannot be confiscated, no matter how difficult the situation may be. But still, let's look at all the nuances and details.
The only housing at risk
At the moment, a sensational bill is under consideration, proposing to deprive debtors of their only home. But will the only housing be taken away after it comes into force? Let's consider this issue in more detail.
The bill proposes to confiscate from debtors real estate with an area more than 2 times larger than the established living standards. And in return, provide residential real estate of smaller area and cost, while the difference in price will be used to pay off debts to creditors.
Is real estate being taken away according to this scheme now? Until the bill is adopted, debtors have nothing to fear. But it’s better not to take risks, and if you have existing bad debts, file for bankruptcy now. Moreover, our company’s specialists are ready to provide full legal support at all stages of bankruptcy.
What is included in the category of single residence?
The debtor’s only housing is residential real estate owned by him, which he has no right to take away. But with a number of caveats:
- It is the only real estate registered in the name of the debtor and available for living.
- Encumbrances or any restrictions on use are not applicable to the living space.
In particular, the bankrupt’s house or apartment should not be pledged or mortgaged - only in this case, the only housing in the event of bankruptcy of a citizen will remain with him.
In practice, there are often cases when the debtor has the only home, but he is registered and lives at a different address: for example, with his parents, members of his family. In this case, his right to full use of his only housing will still be preserved, and even the debtor’s empty apartment will not be subject to seizure. But in order to stop the excessive activity of creditors, before bankruptcy, the best option would be to register in the only living space owned by the debtor.
