What documents are needed for bankruptcy of an individual: complete list

Home / Bankruptcy / Bankruptcy of individuals

Back

Published: 06/23/2019

Reading time: 10 min

0

211

If a citizen undergoes the procedure for declaring financial insolvency, he will have to collect and submit to the arbitration court an impressive set of documents. In the absence of important information, the judge may decide to suspend the bankruptcy procedure, so this preparatory stage is given great importance.

• What documents are required for bankruptcy of an individual?
• Personal documents
• Loan and debt documents
• Documents on the financial condition of an individual
• Others

Before starting, it is important to meet the following three conditions:

• You have a debt of more than 500 thousand rubles (confirmed by documents) and you cannot pay it off
• You do not make monthly payments for more than 1 month
• You do not have expensive property that you are not ready to part with, and if you have one, then you are ready to lose it.

If for some reason you are not completely sure whether your situation is suitable for bankruptcy proceedings for an individual, by clicking on the button below, you can take a test that will help you understand this.

To start the bankruptcy procedure for an individual, you first need to collect a certain package of documents. It may seem that this is a rather labor-intensive and time-consuming process, but if you act according to a pre-prepared plan, this is not the case. First of all, download the list here and print it out. In it we will cross out the documents already collected.

The list of documents is presented in paragraph 3, art. 213.4 of the Bankruptcy Law.

Let's look at each specific document, what it is, where to get it and how long it will take. And in the second half of this article you can watch step-by-step video instructions on how to collect documents for bankruptcy in 10 days.

Go!

For convenience, we will divide all the documents that lawyers will need from a future bankrupt into 3 categories:

How to obtain documents from a deprived bank or collection agency?

Sometimes the bank to which you owe money has itself gone bankrupt or lost its license, and the debt has long been transferred to a collection agency that is engaged in extracting money. If only one bank branch has closed, you can submit a request to the head office. In case of deprivation of a license or bankruptcy, you can send a request to the bankruptcy trustee or temporary administration.

See also: The bank sold the debt to collectors - what to do and how to communicate

The collection agency can also provide the necessary documents. If it refuses to do this, contact our lawyers for support, we will quickly resolve the issue and ensure that the necessary papers are issued.

Let's move on from debt certificates. What other documents are required for bankruptcy of an individual?

Personal documents.

(Those that every citizen should have)

• Passport
• SNILS (pension insurance certificate, green card)
• TIN certificate

We will not dwell on these documents in detail; everything is very clear here. If we don’t have them on hand, we take them from the tax office. We need to prepare color scans of documents in good quality.

• Notification from the Pension Fund about the status of the personal account of the insured person. The easiest way is to order through the State Services portal. Step-by-step instructions on how to do this are here. You can also order through “My Documents” (MFC). Delivery period is 10 working days.
• Certificate of absence of individual entrepreneur status or extract from the Unified State Register of Entrepreneurs. We order from the tax office.

ATTENTION: This certificate (extract) is valid for only 5 business days, so we order it when all other documents from the list have already been collected. Download the list here

If you are married:

• A copy of the certificate of marriage or divorce. (If the marriage was dissolved within three years before filing for bankruptcy) You must have this document in your hands. If it is not there, we take it from the registry office.
• If you have a copy of the marriage contract, we take it from the notary.

If you have children or are an adoptive parent/guardian:

• A copy of the child's birth certificate. It must be on hand, if not, we take it from the registry office.

If you have a serious illness or disability:

• Certificates of illness. We take it from a medical facility.

If you are officially recognized as unemployed:

• A copy of the decision to recognize a citizen as unemployed. We order from the employment service with which you are registered.

Bankruptcy procedure for an individual

According to current legislation, bankruptcy of individuals implies recognition by the arbitration court of an individual’s inability to fulfill his financial obligations and settle payments with creditors.

A citizen whose total debt exceeds 500,000 rubles can initiate a bankruptcy procedure, and according to current legislation is even obligated, and the delay reaches 3 months (Clause 2, Article 213.3 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy) )").

However, an individual may not wait for these two circumstances to occur if he foresees the possibility of his bankruptcy if the appropriate conditions are met.

It is possible to file an application for bankruptcy of an individual if the amount of debt is less than 500,000 rubles (based on the norm of paragraph 2 of Article 213.4 of Law No. 127-FZ of October 26, 2002 and taking into account the explanations in paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 13.10 .2015 N 45). However, it is necessary to prove the existence of circumstances clearly indicating that the debtor is unable to fulfill monetary obligations and (or) the obligation to pay mandatory payments on time.

Bankruptcy proceedings can also be initiated by creditors of an individual or an authorized body (for example, the Federal Tax Service of Russia).

Debt documents

(Documents confirming the existence of any of your debts)

• Banking:
  Credit agreements, loan agreements, certificates of the amount of debt. We take them from the banks where we took out the loans, and they usually provide them immediately upon request.
• Judicial:
  All court decisions/rulings, if any of the creditors sued you. Documents must be requested from the office of the relevant court of general jurisdiction, always with a note about entry into force. If the decision was made by the Arbitration Court, then the request is sent to the office of the arbitration court, always with a note about entry into force. The period for submission varies in each court, but generally does not exceed 10 days.
• Documents from individuals:
  we collect all debt receipts if we took out loans from individuals.
• Utility payments: we order a certificate of debts for utility payments from the HOA, or the management company, if, of course, you have such debts.
• Traffic police fines:
  order directly from the traffic police
• Tax and pension fund debts:
  we order from the tax and pension fund at the place of registration, submission period is 5 days.

Preparing for trial

When the debtor is unable to reach an agreement with the creditor or life circumstances and property status do not allow this, the only way out of debt is to go bankrupt.

To declare yourself bankrupt through the court, you will need a significant package of documents. The starter kit is:

1. Filling out an application. The debtor, creditor and authorized government body have the right to initiate bankruptcy proceedings for an individual. A citizen can declare him bankrupt only if his total debt is at least half a million rubles and no earlier than a month after his ability to pay has been lost and no way to restore it has been identified. For a creditor, the period for non-fulfillment of obligations to declare a citizen bankrupt has been increased by law to a quarter.
2. Confirmation of debt. This category includes all documents containing information about the transaction, terms and size of the credit balance. Additionally, written demands from creditors for repayment of the resulting debt may be provided.
3. Documents on property and financial status. To justify the submission of an application by the debtor to the arbitration court, it will be necessary to provide arguments about financial insolvency, as well as a list of objects owned.
4. Personal documents. Applications from citizens are accepted for consideration only after providing information confirming their identity.
5. Information about the financial manager and SRO.
6. Written permission to attract third-party accredited persons, etc.

To begin the bankruptcy procedure, you must provide all necessary documents to the court.

Financial documents

(Documents confirming your financial situation)

• Salary certificates
  from the place of work - form 2-NDFL, for the last 3 years. Requested from the employer. If for some reason it doesn’t issue it, then we order it from State Services, or go to the tax office and write an application to provide you with a certificate of contributions from the employer. Perhaps the tax office will also refuse you, then we demand an official (written) response from the tax authority about the refusal to provide such a certificate, write an explanation for the court (written by a lawyer) and attach it to the package of documents, this will be quite enough.
• Certificates about pensions.
  Over the past 3 years. If it’s due to age or disability, then we take it from the Pension Fund. If you have a military pension due to length of service or a military pension, then at the Military Commissariat, Ministry of Internal Affairs.
• Bank account statements.
  Over the past 3 years. We order from all banks where accounts, deposits were opened, or debit cards were issued.

Financial documents “if available”:

• Documents of ownership of property.
  Certificates of ownership for real estate: apartments, land plots, buildings, etc. vehicle passport, vehicle registration certificates for movable property - cars. vYou can order an extract on real estate on the State Services website, see how to do this here. Its cost will be 400 rubles.
• Extracts from the Unified State Register of Legal Entities
  (from the register of shareholders). If you were a founder or shareholder in organizations.
• Documents on completed transactions.
  If you sold any property worth more than 300,000 rubles. We collect purchase and sale agreements. (Within 3 years before the date of application: with real estate, securities, vehicles).

ATTENTION: There is no point in hiding information about completed transactions with property from lawyers and the Arbitration Manager, since it will still come to light in the bankruptcy procedure. Any concealment of information may lead to unpredictable consequences.

Extracts and certificates of debt

Since bankruptcy primarily concerns the financial situation, you must first obtain all certificates from creditors that confirm the existence of the debt, its amount and repayment history.

You will need:

• All your loan agreements with all attachments, letters and notifications from the collection service, agreements with banks and microfinance organizations, property pledge agreements, etc.;
• Statements of debt in favor of the tax service and housing and communal services;
• A statement of the flow of funds from the account from which you made payments on loans, credits, and mortgages;
• Certificates of debt for each creditor;
• IOUs in favor of other individuals, if any.

At this stage, your goal is to collect as much detailed information as possible that proves that you have the required amount of debt and have not made any payments within three months. Alimony and other debts must also be taken into account in this list.

Don’t be afraid to contact a financial institution to confirm your debt. Even if you are asked a question about late payments on a loan or mortgage when trying to get a certificate, you can explain that you are resolving the issue, and the document is necessary in order to pay off the debt. This does not impose an obligation on you. If you wish, you may not enter into dialogue and not answer the bank manager’s questions, but you are still required to issue a certificate of debt.

When starting to prepare documentation for filing with the court in a bankruptcy case, you first need to contact creditors: banks, microfinance organizations.

Payment receipts.

• Receipt for payment of state duty
  - 300 rubles.
• Receipt for depositing funds with the court
  - 25,000 rubles. To pay for the services of the Arbitration Manager. We obtain payment details from the website of the arbitration court in your region, or ask a lawyer accompanying the bankruptcy procedure. For example, for Moscow, such details can be found on the Arbitration Court website here. Details for depositing funds with the court are here.

Now we know what documents we need and where to request them, then we will organize the process of collecting documents with the least amount of time and effort.

So, let's move on to the second part of our article, where our bankruptcy specialist will tell you how to quickly collect the necessary package of documents to start the procedure. Watch the step-by-step video instructions.