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Kolesnyk Ilya

Expert on bankruptcy, write-offs of banks on loans, government and civil process. Specializes in the procedures of bankruptcy and restructuring of the physical assets of sole proprietorships, oskarzhennі vykonavchih prodzheni, znyatti arreshtu z rakhunkiv, oskarzhenni punitive sanctions on loans.

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Individual bankruptcy

Kolesnyk Ilya -

Individual bankruptcy

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Kolesnyk Ilya

Individual bankruptcy

To declare an individual bankrupt, you must meet the following criteria:

  • First of all, the bankruptcy procedure of an individual can only be launched by the debtor himself;
  • Insolvency proceedings of an individual are opened upon compliance with the relevant conditions, namely:

a) Obligations that the debtor has overdue must be at least 30 times the minimum wage;
b) Provided that the debtor does not repay the loan, and has overdue the obligation of at least fifty percent of monthly payments;
c) In enforcement proceedings, a resolution was passed on the absence of property from a natural person, on which a claim can be levied;
d) The presence of other circumstances that confirm that an individual is not in a position to fulfill monetary obligations or make current payments in the near future.

During the bankruptcy proceedings of an individual, agreements that were initiated by the debtor prior to the person’s filing for bankruptcy will be subject to. The moment is also taken into account, if the debtor has filed an application for declaring a person bankrupt, but his close relatives have a large fortune, then the procedure does not apply to such a debtor.

At the time of filing an application for declaring a person bankrupt, the debt for: alimony, compensation for harm caused by injury, and other damage to health must be repaid.

Terms of bankruptcy of an individual

If within 120 days a decision is not made to approve the plan for restructuring or reorganizing the debt, the court issues a ruling on declaring the debtor bankrupt and introduces a procedure for repaying the debtor’s debts.

To solve the financial problems of the debtor, an arbitration manager is appointed, who, at the time of the bankruptcy proceedings of an individual, is provided with access to the debtor’s information, including information about his property, income, funds, information contained in state registers and databases.

What is the task of an insolvency practitioner?

The task of the arbitration manager is to draw up a plan for restructuring the loan, if mutual agreement with the bank is not achieved – the arbitration manager, with consent, has the right to sell the debtor’s property to pay off the debts, but the sale of property is used as a last resort if there are no other options.

To implement the bankruptcy of an individual, you must have a highly qualified specialist who will help you from the beginning (collecting documents for filing an application), and before declaring the person bankrupt and writing off debts, the Prikhodko & Partners Law Office will help with this issue.

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We hold a meeting, discuss the terms of cooperation
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1 question

Have other lawyers or attorneys been involved in your case?

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2 question

Do you have loan agreements with banks or MFIs?

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3 question

Amount of debt exceeds UAH 180,000?

Yes
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4 question

Are you in Kiev or Kiev region?

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5 question

Do you need legal assistance urgently?

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Expert on bankruptcy, write-offs of banks on loans, government and civil process. Specializes in the procedures of bankruptcy and restructuring of the physical assets of sole proprietorships, oskarzhennі vykonavchih prodzheni, znyatti arreshtu z rakhunkiv, oskarzhenni punitive sanctions on loans.

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