Bankruptcy
At some point after the formation of individual entrepreneurship (it does not matter, at the very beginning or after several years of fruitful work), there may come a moment when there is not enough funds or property to pay off debts corny, or payments are overdue for more than three months ... If the situation is completely hopeless, and there is nowhere to wait for help, then there is only one thing left - bankruptcy . Start a lawsuit to declare an individual entrepreneur bankrupt. It is important to understand that an individual entrepreneur is not a legal entity, that is, unlike an LLC or JSC, he risks losing his own property.
If the amount of debt is less than half a million rubles, then you can submit an application to the MFC and go through a simplified version of bankruptcy. This is a free, out-of-court process that lasts for a strictly limited six months. This is quite small if you know that the lawsuit of declaring a person for bankruptcy can take years. True, this option will not save an individual entrepreneur from paying back salary arrears to employees and alimony. It is important that he had at least one suspended court case, where, by a court decision, he was obliged to pay off the debt, but he did not have any property that could be used to pay off the debt. And the case was closed. However, there should be no new court cases.
In case of filing for bankruptcy to the arbitration court, you will need financial manager .
What should be done to go through the simplified bankruptcy option? Go to the MFC (it doesn't matter where you live or where you stay), taking with you your identity document. Get there and fill out a special form. List all creditors and indicate the amount owed. It is important to list everyone, because unspecified debt will not be written off. The MFC will check the details of your individual entrepreneur and, within three working days, will enter you into the Unified Federal Register of Bankruptcy Information.
The main thing is not to think about hiding your property or transferring it to your next of kin. After all, creditors (and they will be announced about the beginning of your bankruptcy case) can report that they know about your unaccounted property. And then there will no longer be any simplified procedure, the case will become truly judicial. If during this six months none of the creditors files a lawsuit, the individual entrepreneur will be declared bankrupt.
After that, for five years it will be impossible to register an individual entrepreneur and get a job in leadership positions.
If the amount of the debt is more than five hundred thousand rubles, and its payment is overdue by three months, then the individual entrepreneur is obliged by law to file a bankruptcy petition. If this is not done within a month, then the citizen will receive a fine (or his creditors will sue him for him). He can also do this if the debt is less than five hundred thousand, but the SP is unable to pay it off. The application is submitted to the arbitration court at the place of registration. All available certificates of income and debts of the individual entrepreneur must be attached to it.
Besides, litigation is not cheap. This is a mandatory state fee for filing an application in the amount of three hundred rubles. It is also the payment of a financial manager (a person who represents the interests of an individual entrepreneur) in the amount of twenty-five thousand rubles. Payment for publications in Kommersant and the bankruptcy register starts at eight thousand rubles and is much higher. And you will also expect large expenses for a competent lawyer, otherwise this business will certainly go to a dead end.
If the court recognizes the reasons for the appearance of individual entrepreneurs' debts as weighty, then a financial manager is appointed. After the start of the business, you cannot dispose of your property and carry out transactions that are more expensive than fifty thousand rubles. If the citizen himself submitted the application, then he chooses the manager, if the creditors, then they. The financial manager deals with debts and property and analyzes them. At the end, a debt settlement plan can be drawn up (if there is a steady income), or the entire property is being sold.
Since an individual entrepreneur is a person who runs a business, he does not have separate money and property, like a legal entity. This means that the property of an individual entrepreneur is the property of a specific citizen.
What do we get when an individual entrepreneur goes bankrupt?
- Written off debts, except for exceptions
- Loss of the status of an individual entrepreneur
- When trying to get a loan, you need to talk about your bankruptcy status (therefore, it is almost impossible for the first five years)
- Business registration and management positions in legal entities cannot be registered for five years