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Restructuring of a Physical Person’s Debt in Bankruptcy Case: Features of the Procedure

Особенности проведения процедуры реструктуризации задолженности физического лица в деле о банкротстве
Authors: K.S. Kondratieva; A.I. Groysberg;

Restructuring of a Physical Person’s Debt in Bankruptcy Case: Features of the Procedure

Abstract

Introduction: the article considers features of carrying out a procedure of restructuring a debt of a citizen who is not an individual entrepreneur in bankruptcy case. Purpose: to study the rehabilitation nature of the structuring procedure based on distinguishing its stages. Methods: analytical and system methods, comparative and legal, technical and legal methods are used. Results: legal consequences of introducing the procedure of restructuring a debtor 's debt allow him to stabilize his financial position and to save his property to meet creditors ' requirements. Actions of a financial manager, first of all, are aimed at providing creditors with a right to take part in the case of the debtor's bankruptcy. In their turn, creditors are recommended to act with due care and discretion to keep an opportunity to participate in settling the debtor's legal destiny. The law has additional provisions protecting rights of creditors of the first and second order, and also creditors' rights referring to the current liabilities, the debt to which shall be repaid before the approval of the debt restructuring plan. Conclusions: having introduced the institute of citizens' debts restructuring, the Russian legislation legally enables debtors to pay debts during a long term and to keep their property at the same time. Giving an opportunity to choose a bankruptcy procedure applied to debtors-consumers depending on their liabilities, income and size of debts, the legislator purposes to protect the debtor from loss ofproperty and from psychological stress, thereby strengthening social and economic infrastructure.

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Keywords

БАНКРОТСТВО,ФИЗИЧЕСКОЕ ЛИЦО,РЕСТРУКТУРИЗАЦИЯ ЗАДОЛЖЕННОСТИ,ПЛАН РЕСТРУКТУРИЗАЦИИ,ФИНАНСОВЫЙ УПРАВЛЯЮЩИЙ,BANKRUPTCY,PHYSICAL PERSON,DEBT RESTRUCTURING,RESTRUCTURING PLAN,FINANCIAL MANAGER

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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