05.07.2015

Interview with the head of department on work with troubled assets of Sberbank Maxim Degtyaryov about the law on bankruptcy of physical persons

This - an interview with the head of department on work with troubled assets of Sberbank Maxim Degtyaryov.

- When taking the law on bankruptcy of physical persons (in December 2014), it turned out that the preparation of all participants was released just six months. Clearly, this is very little. But until recently there was no certainty in what the courts will consider the case of bankruptcy. Now it is precisely defined - the bankruptcy case citizens will be considered by arbitration courts. And of course, they need to prepare for it. A Savings Bank - yes, time to prepare - we have an understanding of our debtors who fall under the law, to whom we will make demands on bankruptcy. Already even prepared clear instructions for employees to work-as in these procedures.

- For what and for whom this law is adopted? Does the experience of the Savings Bank of the legislator in debt collection?

- This is one of the most long-awaited laws in the country - for the first time spoke about his need for more than 20 years ago. The work for this time done a great process of negotiation was quite heavy. Naturally, Sberbank experts along with other experts took part in the discussions within the professional community.

We can say that personal bankruptcy - an essential attribute of any developed country. The law allows citizens of good faith to get out of a debt hole and start life anew. His absence left dishonest debtors an opportunity for manipulation. For example, they turned to foreign courts, citing the lack of opportunities for legal protection in Russia. Now, the opportunity for abuse eliminated.

There is no doubt, the adoption of this law - a huge step forward for our legal and credit systems.

- For whom is more the law? For banks and debtors?

- The law is aimed at protecting the interests of honest, conscientious people caught in a difficult situation. They civilized it allows you to get rid of debt - in this case as transparently as possible and proportional to satisfy the claims of all creditors. It is this logic lies at the heart of the law.

However, this does not mean that becoming bankrupt, you can simply return the debts. Becoming bankrupt, the person should be ready in the future will face certain restrictions. So you need a balanced approach to the adoption of such a decision.

As a rule, if a person in one bank loan, he advantageous to agree on restructuring it without bankruptcy proceedings. First of all you need to smash those who have a lot of debts to various banks. Agree that in such a situation is unlikely without clear legal framework acceptable to all agree on debt restructuring conditions.

- Certainly the law has its pitfalls & hellip; What are the main problems of this law?

- Of course, there are pitfalls and some concern & hellip;.

First of all, is the willingness of the judiciary to a sharp increase in the flow of cases through a new direction. Arbitration courts, which, as is now clear, will consider the bankruptcy case, are not yet ready to fold increase in load. No one doubts that the number of cases of personal bankruptcy quickly exceed the amount of cases of bankruptcy of legal entities. Especially in the initial period.

- a matter of concern and the issue of the payment system work arbitration managers. Their participation in all bankruptcy proceedings citizens is a must. The law establishes a fixed amount of payment for their work - 10 thousand. Rubles for the procedure.

- It is clear that the work on personal bankruptcy is much easier to control than the bankruptcy of a legal entity. But the difference is very great reward ... When there is no material interest, increasing the risk that managers will either refuse to work with the private traders, or to do it carelessly. There is a risk that this niche will be competent enough or, even worse, unscrupulous financial managers. This significantly worsen the situation of both the debtor and the creditor. The question is how to find the right system of incentives for the court-appointed trustees.

Finally, the third problem - the lack of awareness of the population. Systemic education campaign has been conducted, the debtors are incomprehensible & laquo; rules & raquo ;. After all, no one has explained the advantages and disadvantages of bankruptcy than it threatens each individual. And although now had time - the bankruptcy petition will take from 1 October, but most people do not like it was, and no understanding of how the system works bankruptcy. One can not correctly calculate the consequences of this step, here’s the catch.

- Can bankruptcy help conscientious person who, for objective reasons fell into difficult financial situation (as an example - loss of a job)?

- Yes, it can.

It’s no secret that it is often the bankruptcy - the only possible way to get rid of debt on very heavy loans.

But this is only if our & laquo; unhappy & raquo; the debtor will cooperate with the lenders and not try to hide income or assets. I want to warn that the prisoners before the bankruptcy of the donation contract real estate or automobiles under the law will be canceled. And the attempt to hide the income can lead to a fine, administrative or even criminal liability.

On the other hand, having all this an unpleasant procedure, bankruptcy becomes pure before the law and creditors. Even if the debt is not paid in full.

- Is it possible under this law to foreclose on the apartment of the bankrupt if it is his only shelter?

- No, you can not, if that housing is only as a piece of land on which it is located. But there is one exception, if the apartment is purchased on a mortgage, it will be possible to realize the asset and settle the debt to the bank.

A lot more then you can not withdraw from the bankruptcy, such as personal belongings, awards and prizes, items needed for the work and so on. n. Will leave the insolvent debtor, and the money, but only in an amount equal to the minimum subsistence level.

- What are the consequences of bankruptcy citizen expect after the procedure bankruptcy?

- The effects are actually a lot . By law, a person retains the official status of a bankrupt within 5 years. During this period, for example, it is prohibited to engage in entrepreneurial activity, and held several senior positions in commercial organizations. The law also obliges the citizen to inform the bank that it was applied to the bankruptcy proceedings. There are other, less obvious limitations.

- Will Sberbank October 1 to apply for bankruptcy citizens?

- In principle, all citizens - Sberbank of debtors can be divided into three groups. First - this is just the borrowers - individuals. Second - individual entrepreneurs. And the third - the guarantors of corporate loans.

Let’s start with the latter. Here you can tell at a glance - The Bank will apply for bankruptcy citizens guarantors of overdue loans companies. It is usually business owners or managers who have sufficient financial literacy and assets. Today we can make a list of names, which with high probability will be featured in the first bankruptcy proceedings. Either they would apply themselves & laquo; in the forefront & raquo ;, or it will make the banks. In this situation, it makes no sense to lose time and money, while continuing to collect debts from guarantors.

As for individual entrepreneurs, for them, in fact, nothing has changed. Bankruptcy proceedings against them are used today.

According to the bulk of borrowers - individuals - we have an understanding of criteria against whom we will apply for bankruptcy.

First We will do it, if we know that a person loans with several banks and have the property, through which can be redeemed our demands. If the loan only in our bank and other debt not, will offer other mechanisms out of this situation.

Second, the bankruptcy procedure will be applied to relatively large debt, since it is associated with additional costs from the Bank.

- What would you advise your debtors who can not repay the loan?

- The easiest and most obvious piece of advice: to come to the bank and tell them about your problem. Suggest your decision, if any. We are ready to help our clients get out of difficult situations.

Another thing I would advise you to refrain from referring to different kinds of intermediaries who offer to solve all the problems with the bank on & laquo; a reasonable price and without debt repayment & raquo ;. It must be remembered that the credit anyway will have to return, but still have to pay for services & laquo; reshalschikov & raquo ;, & laquo; liberators & raquo; and other & laquo; helpers & raquo;.

It is important to establish a constructive dialogue with each debtor. We have no problem to take away all the property of the person. Believe me, we do not need it. A need has been returned to a loan. From this perspective, bankruptcy law gives a clear and transparent mechanism for satisfying creditors’ claims while preserving the debtor’s interests.