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Vilija Blekaitytė: What is the amount of debt to be used to bring an action against a natural person?
– An insolvency proceeding of a natural person may be brought against a person unable to fulfill his obligations with payment terms exceeding 25 monthly minimum wages (MMA) approved by the Government. Since at the present time the amount of MMA is 400 euros, a bankruptcy case could be opened against a natural person whose outstanding amount sums up to 10 thousand.
Vidas Kisielius: How long does a natural person go bankrupt? Is it possible to go bankrupt a second time in an unfavorable situation? Are there any restrictions on the number?
– When the insolvency proceedings of a natural person is brought by a court, a plan for recovery of the solvency of a natural person is being prepared. The law provides that the duration of the plan is three years. Thus, the bankruptcy procedure of the natural person lasts three years. It should be noted that the restriction does not provide for a repetition of the law for a natural person, therefore, in the event of adverse circumstances and return of insolvency to a natural person, he would have the possibility to apply again to the court to initiate bankruptcy proceedings against a natural person. At the same time, it should be noted that the law provides that a natural person may exercise this right only in the case where ten years have elapsed since the end of the bankruptcy of the natural person
Jonas Tyla : Are all debts canceled after bankruptcy? For example, indebtedness to Sodra, State Tax Inspectorate.
– At the end of the bankruptcy process of a natural person, the remaining unsatisfied claims are written off. However, it should be noted that the law distinguishes some cases where existing debts after the completion of the bankruptcy process of the natural person are not written off. The law provides for claims for compensation for damages caused by falsification or other bodily injury or death, compensation for damage caused by a criminal act, the maintenance of money market funds for a child (adopter) and claims arising from the obligation to pay administrative offenses or criminal offenses committed by a natural person and claims secured by mortgages if these lenders and a natural person have consented to the maintenance of a property secured during bankruptcy proceedings are not debited.
Unsecured debts to the state or tax inspectorate The Council of the Social Security Fund (VSDFV), if it is not a fine for administrative offenses committed or offenses criminals, would be written off at the end of the bankruptcy process.
Vidmantas Jonikas: What are the bankruptcy procedures if the debts were caused by other people? Inferiority?
– The bankruptcy proceedings of a natural person are governed by the law on bankruptcy of natural persons of the Republic of Lithuania. The provisions of the Law on the Implementation of Bankruptcy Procedure are common to all bankrupt persons.
Sigita Vaznelė: What documents must be submitted when applying for bankruptcy of a person?
– No later than one month before filing the bankruptcy proceedings the date of submission to the court must be notified in writing to all creditors. A natural person submits an application for bankruptcy proceedings to the District Court for the place where the individual is domiciled. In the application for the opening of a bankruptcy proceeding, the reasons for the insolvency must be indicated to the court and the insolvency documents attached thereto. A natural person may appoint a bankruptcy administrator. The application is accompanied by lists of creditors, debtors and property of a natural person, documents evidencing the income collected and expected, evidence that the lenders have been informed in writing of their intention to engage a bankruptcy procedure, information on natural persons, a list of persons belonging to a natural person, the necessary funds are provided each month for the satisfaction of the needs of the natural person.
Robert Juška (RJ): Creditors after bankruptcy, when the insolvency period expires, the creditors of the joint venture and / or joint venture may go bankrupt in only one case.
After the bankruptcy proceedings, no property can be confiscated. Can claim rights on inherited property or lottery winnings?
– After the insolvency proceedings brought by a natural person, the debts of the unsatisfied creditor are canceled, with the exception of the exceptions provided for by law. If, during the insolvency proceedings, the person has not been compensated for damage caused by falsification or other bodily injury, compensation for damages caused by a criminal act, the maintenance of money funds for the child appointed for the commission of an administrative offense or a criminal offense committed by a natural person, after the completion of the insolvency proceedings, the creditors can not claim the hereditary property or the lottery
RJ: Can we expect the bankruptcy of a natural person? Virginia L. (VL): Does the court indicate whether a person is free to choose a bankruptcy case if a person becomes insolvent because of his or her harmful habits (alcohol abuse, narcotics or other psychotropic substances, cash games, etc.).
Administrator
– When submitting an application to a court as part of the commencement of bankruptcy proceedings, a person has the right to appoint a director of the bankruptcy. If a natural person does not offer a bankruptcy administrator, the court shall appoint a bankruptcy administrator whose candidacy is proposed by an institution approved by the Government of the Republic in accordance with the procedure established by the Government
VL. : Perhaps it is easier to declare personal bankruptcy in a foreign country? Would it be more expensive or cheaper?
– A natural person has the right to initiate bankruptcy proceedings in the country where the principal interests of the person are located, that is to say in the country where the natural person lives, works, owns property, etc. In many cases, natural persons who intend to go bankrupt in other EU countries (the most popular in Latvia and Great Britain) artificially create bankruptcy conditions, that is, renting a house, getting a job for a while, and then only asking the court to start a bankruptcy proceeding. Each individual before deciding to go bankrupt in another country should as far as possible calculate his future bankruptcy costs in another country and compare them with the costs of bankruptcy proceedings in Lithuania.
Interesting: What is the cost of bankruptcy administrator services? Does it depend on the amount of the debt?
– The administrative costs of bankruptcy include the costs of carrying out bankruptcy proceedings and the remuneration of the administrator. Bankruptcy administration fees are approved and modified by the meeting of creditors. From the effective date of the order to open a bankruptcy case until the approval of the solvency recovery plan by the court (four-month period), the amount of the daily salary to the administrator can not exceed three MMA. From the moment the solvency recovery plan is approved by the court, the day administrator usually receives a fixed monthly salary, the amount of which depends on the complexity of the individual's bankruptcy process. In practice, this salary ranges from 30 to 100 euros per month
Ilona Bajorinienė: Is a family apartment, where a woman and three minor children live without bankruptcy, can be sold after a bankruptcy? Does a person have the right to preempt a woman for his part?
– The bankruptcy of a person involves the sale of property belonging to a person going bankrupt, as well as a part of a family housing in which a spouse and children are in bankruptcy. It should be noted that the law provides some procedure for the sale of this property in order to ensure the protection of the rights of the child. The law provides that in the event that his minor children (adoptive parents) and / or guardians (care) live with the natural person, the only residential dwelling, as promised, may be sold by a court decision no earlier than six months of the approval of the plan.
The law does not provide that the spouse preempts the right to buy a family home for sale, but the law provides that a bankrupt person can find and offer a buyer of badets to a bankruptcy administrator before the day of the publication of the offers. If the buyer pays a sum at least equal to the sales price provided in the initial auction before the date of publication of the offers,
As a result, the spouse has the opportunity to acquire the part of the apartment of the bankrupt family, sold to a bankrupt, Premier League, not in a race.
Rima Rima: Does a personal bankruptcy lawsuit not endanger the alimony paid to the children of a divorced husband? And if the family does not differ, maybe there is less money for the children?
In an application for bankruptcy proceedings, a list of persons belonging to a natural person must be indicated as well as data on marriage contracts. If a spouse or ex-spouse is bankrupt, in his or her insolvency proceedings, that person should be required to report monthly payments to dependents and make those payments. The funds allocated to the maintenance of the children must be used only to meet the needs of the children. Financial needs for the maintenance of a child (adopter) (alimony) at the end of the insolvency proceedings of a natural person are not written off. At the end of the bankruptcy proceedings, the information on the bankruptcy of a natural person will be published on the website of the institution authorized by the Government of the Republic of Lithuania for ten years after the date of termination of bankruptcy proceedings of a natural person. This information can be used by financial and credit institutions to badess the credit history of a natural person.
Maria Vainutiene: How to live after bankruptcy? Is it possible to buy the property again? Does the bank give loans?
– After the end of the bankruptcy case, the person must live long and happily. A person has no outstanding obligations (if no exceptions are provided for by law), they can only buy their own purchases, make new commitments, and so on. It is important to evaluate the experience gained during the bankruptcy process and try to avoid the same mistakes.
Vida Jurašienė: How much income is left to a person who has published a bankruptcy? Calculate the percentage or leave a certain amount necessary for sustenance?
– In the application for the opening of bankruptcy proceedings, the funds necessary for the satisfaction of the needs of the natural person must be indicated each month (indicate individually the specific needs of the natural person and / or the court will order bankruptcy proceedings to indicate the amount of funds that a natural person will have the right to use to meet their necessary needs. The cost of basic needs is usually the cost of housing maintenance , food expenses, clothing, pharmaceuticals
Saulius Petreikis (SP): If a bankrupt person has a gold ring, are other jewels taken for the benefit of the lenders? [19659002] – A natural person must attach the total badets held by the natural person to a bankruptcy application.a list (real estate, fund accounts and money, if the amount is greater than 1 MMA; ons, other securities and other badets) and the value badigned by a natural person. When opening a bankruptcy proceeding, a natural person must prepare and submit to the insolvency administrator a draft credit satisfaction plan and solvency requirements of the creditors within two months. This plan must indicate the clbadification, the conditions and the estimated selling price of the badets held by the natural person in the foreseeable sale at the time of the drawing up of the plan. The court may order the termination of the insolvency proceedings of a natural person if it turns out that the person has provided inaccurate information about his badets, his income and his debts. It should be noted that after opening the bankruptcy proceedings, no badets are taken from a person. The natural person declares all the available goods himself, stipulates the conditions, the procedure and the price of his sale.
S.P .: Can we take a personal car used for work?
– After the introduction of bankruptcy proceedings, no property can be confiscated from a natural person. In the draft satisfaction plan for creditors satisfaction and solvency requirements, a person must indicate that it does not provide for the sale of a car as it is necessary for the satisfaction of the needs of the creditors. a natural person, i.e.
Interest: Can a bankruptcy be brought by an employee if the employer fails to pay wages and taxes for several months for several months?
– An employee has the right to file bankruptcy proceedings if the company does not pay wages on time. In this case, the employee must notify the company in writing of its intention to ask the court to initiate bankruptcy proceedings. If the company fails to fulfill its obligations within 30 days from the day the notice is served, the employee submits an action to the court for initiating the insolvency proceedings against the company .
Lingys Vytautas. How long must the bankruptcy proceedings of a company begin? Does the director, like other employees, have the right of priority in case of bankruptcy to recover his debt?
– If a company can not and will not settle with the creditors and does not request the opening of a bankruptcy proceeding, the company manager must immediately at the latest in the 5 days after the insolvency of the company (the debt can no longer be repaid, unpaid debts exceed half the value of the badets on its balance sheet) and the shareholders' meeting after receiving the company information The head of the company is insolvent, has not taken steps to restore the solvency of the company. An application for opening an insolvency proceeding must be submitted to the Regional Court in accordance with the registration of the company's legal address. It is important to note that the company manager is obliged to repair the damages suffered by the company and / or the creditors because the head of the company, in case of insolvency of the company did not file a motion for a declaration of invalidity or delayed its presentation. Employee requirements related to labor relations are met. The requirements for the director and all other former employees of the company related to the employment relationship are met in the first row.
Roman de Kaunas. Can a company make financial commitments at its discretion, for example with one of the suppliers?
– Upon the entry into force of a bankruptcy order, a company may not perform any outstanding financial obligations before the commencement of the proceedings, including interest, penalties, payment taxes and other mandatory contributions, recovery of debts of this company before the courts or non-controversial procedures. The calculation of default and interest on all obligations of the company is interrupted. No business creditor or any other person has the right to take back badets and funds belonging to a bankrupt company except in accordance with the law on bankruptcy of the company. In the process of bankruptcy of the company, the claims of the creditor are fulfilled according to the order and procedure established by law.
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