February 20, 2023, 15:40 – BLiTZ – News
For foreign citizens closely related to our country, it is also available bankruptcy procedure under 127 Federal Law. We learned the intricacies of the bankruptcy procedure for a foreign citizen in the Russian Federation from Marina Safonova, a leading specialist in customer support at KreditaNet.
— Marina, please tell me, are there any significant differences between the bankruptcy procedure for a Russian citizen and for a foreigner?
– In fact, there are no global differences between the bankruptcy of a foreign citizen and a citizen of the Russian Federation. For foreign citizens, the same debts are available for writing off as for Russians.
Of course, there are important nuances necessary to approve the application and take the case to court: a foreign citizen must be officially located in Russia, have a residence permit or work permit: based on all the documents confirming this, an application can be submitted.
It is important that in any case, property both on the territory of a foreign state and on the territory of the Russian Federation will be necessarily included in the process. Citizens of the Russian Federation have executive immunity for the only housing, while foreign citizens do not, and it can be sold.
The main thing is to be as honest as possible when providing information. This is in the interests of the citizen himself, including to speed up the process. If the debtor conceals information in the procedure, for example, about property, the financial manager will need to conduct a search event, and the procedure will be significantly delayed. A request in the form of providing information or searching is significantly different! So, in the procedure, a foreign citizen needs to provide all the data on the availability of property both in Russia and on the territory of another state.
— How is the work with property located outside the country going?
– To begin with, I will say that if the property of a foreigner is located on the territory of Russia, the situation is much simpler, and the procedure is faster: it is included in the bankruptcy estate on a general basis.
With regard to foreign property, the court issues a ruling on its seizure and further sale. The financial manager is naturally located in Russia, and the verification, evaluation, inventory and description of the property takes place with the involvement of additional forces abroad. All events, including the sale of foreign property at auction, are not carried out according to the rules of the Russian Federation, but according to the rules of the procedural legislation of the country in which the property is located, or in accordance with international treaties of the Russian Federation with this state.
– Many foreign citizens are interested in whether they can be deported from the country after passing the procedure?
– No, the status of a bankrupt cannot be a basis for expulsion from the country. In this case, the citizen went through a legal procedure, so you should not be afraid of this.
– How does the presence or, on the contrary, the absence of an official job for a foreign citizen affect the process?
– Everything is the same as the citizens of the Russian Federation. You need to show the financial manager your solvency. A citizen must at least intend to find a job, if there is none, we also ask our foreign clients to register with the employment center. It is necessary to show the court and creditors that a person is not just sitting and waiting for his debts to be written off, but is really trying to change the situation and fulfill all obligations.
— How much will the procedure cost for a foreign citizen?
– The conditions are the same as for the citizens of Russia. Legal expenses or deposit (remuneration for the work of a financial manager) – 25 thousand rubles. for carrying out one procedure; 17 thousand rubles — expenses for inquiries and postage, publications on the EFRSB resource and the Kommersant newspaper; 300 rub. – State fee for filing an application with the court. And the costs of the work of lawyers, if a citizen undergoes a procedure with professional support.
– What are the advantages for the debtor to go through the procedure not on their own, but with legal support?
— For foreign citizens, self-passage of the procedure is much more difficult than for citizens of the Russian Federation and is fraught with undesirable consequences for the debtor. The citizen may not consider all individual risks in the procedure. As a law firm, we help eliminate these risks, as well as significantly reduce the time of the procedure, working directly with the financial manager and knowing all the nuances of the debtor’s case. We help to preserve the property of the debtor to the maximum, having extensive experience in dealing with cases of varying complexity. And we also give you the opportunity to calmly go about your life and be confident in the result.
KreditaNet specialists have extensive experience in supporting bankruptcy procedures and handling cases of varying complexity. Legal advice is free.
