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"After the end of the bankruptcy case, we have to live long and happily," says Erika Gaverska-Valaitė, advisor to the administration of the Bankruptcy and Legal Services Administration "Adminbiuras".
Vilija Blekaitytė: How big is a claim to be able to claim a bankruptcy of a natural person?
– An insolvency proceeding against a natural person may be increased to a person who can not fulfill the obligations of the debt whose payment terms exceed the monthly minimum wage of 25 (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 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 if ten years have elapsed since the end of the bankruptcy of the natural person
Jonas Tyla: Are all debts canceled after the end of the bankruptcy? For example, indebtedness to Sodra, State Tax Inspectorate
– At the end of the bankruptcy process of a natural person, outstanding debts of creditors 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 claims or criminal offenses committed by a natural person and mortgages backed by mortgages if such lenders and a natural person have agreed to the maintenance of the pledged badets in the context of the bankruptcy of a natural person is not debited.
The Council of the Social Security Fund (VSDFV), if it is not a fine for administrative offenses committed or criminal offenses, would be written off at the end of the process bankruptcy.
Vidmantas Jonikas: What are the bankruptcy procedures? foresight?
– The bankruptcy proceedings of a natural person are governed by the Law on the Insolvency 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 the filing of 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): The creditors after the bankruptcy, when the bankruptcy period expires, to the creditors of the joint venture and / or the joint venture may go bankrupt in only one case
After the bankruptcy proceedings, no good can not be confiscated. Can claim claims on inherited property or lottery winnings?
– After the insolvency proceedings brought by a natural person, the claims of the unsatisfied creditor are struck off, 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 Monetary funds for the child
RJ: Can we expect that a natural person will go bankrupt if the citizen spends his time?
– The court will refuse to initiate bankruptcy proceedings against the insolvency of a person Virginia L. (VL): Does the court indicate whether a person is free to choose a bankruptcy case if it becomes insolvent because of its harmful habits (abuse of alcohol, narcotics or other psychotropic substances, gambling, etc.)
administrator
– When submitting an application in court in connection with the opening of bankruptcy proceedings, a person has the right to nominate a candidate for 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 authorized 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 cost more or less?
– A natural person has the right to initiate bankruptcy proceedings in the country where the person's main interests are located, ie. 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 varies between 30 and 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 the bankruptcy process of a person consist of selling property owned by a bankrupt, as well as a part of a family home in which a spouse and children live 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 infringes on the right to acquire a family home, but the law provides that a bankrupt person can find and offer an badet buyer to an administrator bankruptcy before the day of the publication of the offers. If the buyer pays a sum of money not less than the initial selling price of the goods seized for the initial sale, before the day of the publication of the tenders,
In this regard, the spouse has the possibility to acquire part of the family housing sold to a bankrupt; Rima Rima: Is there a way to pay support to the children of a divorced man without setting up a personal bankruptcy case?
Rima Rima: And if the family does not differ, maybe there is less money for the children?
In a petition for bankruptcy proceedings, a list of natural persons and marriage contracts entered into by a natural person must be provided. 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. The most important thing is to evaluate the experience gained during the bankruptcy process and to try to avoid the same mistakes.
Vida Jurašienė: How much income remains to a person who has published a bankruptcy? Calculate the percentage or leave a certain amount necessary to survive?
– In the application for the opening of a bankruptcy procedure, it is necessary to indicate each month the funds necessary for the satisfaction of the needs of the natural person (separate indication of 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 the bankruptcy. housing maintenance, food expenses, clothing, pharmaceuticals
Saulius Petreikis (SP): If a bankrupt person has a gold ring, other jewelry are they taken out of it. some way in the interest of the lenders?
– A natural person must attach to the bankruptcy proceedings a petition to the court to attach the total badets a list (real estate, fund accounts and money, if the m having is greater than 1 MMA; shares, other securities and other badets) and the value attributed 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 person's car for work?
– No property can be taken from a natural person after the opening of a bankruptcy proceeding. 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.
Interesting: Can an insolvency proceeding be initiated by an employee if the employer does not pay wages and taxes for several months for several months?
– An employee has the right to initiate insolvency 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 a company fails to fulfill its obligations within 30 days from the day the notice is served, the employee files an action in court for initiating bankruptcy 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 its accounts with its creditors and that it has not pursued bankruptcy, the company manager must immediately at the latest within 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 head of the company must compensate for the damages suffered by the company and / or the creditors because the head of the company, in case of insolvency of the company, does not have to pay the company. has not appealed to a court in the event of bankruptcy proceedings. 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. When a bankruptcy proceeding is instituted by a court, it is forbidden for a company to perform any outstanding financial obligations prior to the commencement of bankruptcy proceedings, including interest, penalties , damages, interest for late payment, payment of 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 bankruptcy process of the company, the claims of the creditor are satisfied according to the order and procedure established by law.
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