Who is a financial manager in bankruptcy of an individual? persons?

For a person unfamiliar with the topic, the bankruptcy procedure for an individual looks like a dark forest: there are too many pitfalls and incomprehensible moments. People are especially shocked by the price: citizens do not understand why a potential bankrupt (a person who is unable to pay his debts) should pay state fees, publications, legal services and... the work of an arbitration manager. The answer is simple: the law is the law! And without an arbitration manager, the bankruptcy procedure for an individual is simply impossible.

Who is an arbitration manager

This is a court-appointed specialist who, during bankruptcy (for at least six months), deals with all financial issues of the citizen. He sells the property, receives the debtor’s salary or pension, communicates with creditors, distributes the bankrupt’s financial tranches - decides which part of the income to give to the person “for living” and which to put into the bankruptcy estate. At the same time, of course, he complies with all the rules of the law.

The main thing to understand is that an arbitration manager is a profession. Same as a lawyer or notary. The activities of people in this profession are supervised by self-regulatory organizations (SROs), of which there are more than 60 in Russia. In order to become a bankruptcy manager, you first need to undergo training, pass an exam and be a member of one of the SROs.

Requirements for candidacy of a financial manager

In cases of bankruptcy of citizens and individual entrepreneurs that are considered by the court, the financial manager is obliged to take part. This is defined in Art. 213.9 of the Law “On Insolvency (Bankruptcy)”.

The requirements for financial managers in bankruptcy cases of individuals are practically no different from the requirements for their colleagues working with bankrupt organizations. The main condition is mandatory membership in an independent self-regulatory organization (SRO). It is believed that the SRO monitors how the specialist complies with the standards of his work.

A candidate applying for membership in an SRO must have practical experience in handling bankruptcy cases. He must have a high level of competence sufficient to resolve many issues and unravel problematic issues that arise during bankruptcy.

Let's look at an example of who this is - a financial manager.

A specialist applying for this position must satisfy the following requirements:

higher professional education;
absence of facts of criminal prosecution and convictions;
At least 1 year of experience in a managerial position;
the candidate must undergo an internship as an assistant to an arbitration manager conducting bankruptcy cases for a period of at least 6 months;
absence of facts of disqualification of the manager for administrative offenses;
absence of facts of expulsion of the manager from the SRO within three years before the submission of an application for membership in the organization.

In addition, candidates for membership in a self-regulatory organization must successfully pass a theoretical qualification exam, which will confirm that they have up-to-date knowledge in the field of bankruptcy. In addition, the manager conducting bankruptcy processes for individuals must insure his liability and make membership and compensation contributions to the insurance fund to the SRO account.

The list of requirements for the financial manager can be supplemented and expanded by decision of the SRO. Thus, some organizations indicate clear criteria for the specialty in which a candidate for membership in the SRO must have a higher professional education.

Without a financial manager, you cannot be declared bankrupt by court

The plaintiff must indicate in the bankruptcy application the name of the SRO from whose members he proposes to select a manager for his process. And transfer funds for the manager’s work to the court’s account before the first meeting.

There is nowhere without a bankruptcy manager

Interestingly, a bankruptcy case can be completed without the participation of a lawyer, and even without the personal presence of the debtor, if the procedure is initiated by the creditor. But without an arbitration manager, the very fact of bankruptcy is impossible.

The arbitration manager is the most important link in recognizing the insolvency of both individuals and legal entities

Managers act as a neutral party that evaluates the debtor’s property, financial condition, and monitors its income. The manager works with both the bankrupt and creditors, protecting the rights of both parties. And this is logical. If you entrust the calculation of finances to the bankrupt himself, then the creditors will receive nothing. If you give this right to creditors, then the debtor will remain barefoot and naked. The golden mean is a neutral party that will ensure that the interests of all participants in the process are taken into account.

How much does an arbitration manager earn?

Anyone can easily find out how much the services of people in this profession cost. It is enough to refer to the file of bankruptcy cases on the Fedresurs website. The most expensive price tag is obtained in case of bankruptcy of legal entities. So physicists are lucky in this regard. On average, arbitration managers charge 30 thousand rubles per month for their work. This means that paying for his services alone will cost at least 180 thousand rubles with a minimum duration of the procedure, which is a penny compared to the costs of bankruptcy of a legal entity.

Related materials:

Unified Federal Register of Bankruptcy Information (Fedresurs)

How much will a bankruptcy trustee have to pay?

If a person himself initiates bankruptcy proceedings for an individual, he bears all expenses such as state fees, publication of information about insolvency in open sources and payment for the services of an arbitration manager.

What information does a financial manager request in a bankruptcy case for an individual?

Vladimir

4421

Content:

What information does the financial manager request?
Region
Purpose of requests
Types of requests and subject of information requested

After the announcement of the operative part of the judicial act on the introduction of a procedure in the bankruptcy case of an individual, the financial manager begins work by sending requests to government bodies, legal entities, municipalities, banks, microfinance organizations, and individuals.

What information does the financial manager request?

The financial manager determines the quantity and scope of the requested information independently (based on known information about the debtor). The financial manager has the right to request almost any information from the debtor’s banal right to vehicles to information about the purchase of tickets at Russian Railways, but only with respect to information that in one way or another affects the rights and obligations of the debtor himself (including joint property acquired during marriage).

Let's consider an approximate list of requests using the following situation as an example - the procedure was initiated at the request of the debtor, the debt consists of 2 loans and one loan from an individual, the debtor is the founder of an LLC (which does not operate), the debtor is married, has no property, transactions for the last It hasn't happened for 10 years.

It is necessary to understand that during the procedure itself, credit institutions send (guided by Article 213.24 of the Bankruptcy Law) to the financial manager information about the availability of the debtor’s accounts with the credit institution. Based on the information received, the financial manager requests an account statement.

Region

The manager has the right to request information in any region, but as a rule, the requested information is limited to the region of residence, registration and adjacent regions. For example, when registering and residing of the debtor in the city of St. Petersburg, the manager will request information on this city and the Leningrad region. Sending letters to all constituent entities of the Russian Federation is an unfair waste of the debtor’s bankruptcy estate.

Purpose of requests

In order to draw up a conclusion on the presence of signs of deliberate bankruptcy, a conclusion on the presence of signs of fictitious bankruptcy, drawing up a financial analysis, and making a conclusion on the subject of contesting transactions, the financial manager must collect all the information about the reasons for the debt and the assets of the debtor, and the transactions completed. For the debtor's creditors, such information will help them form a picture of the debtor's good faith.

Types of requests and subject of information requested

Let's look at the example described above (the debtor is registered in the city of St. Petersburg). Information is requested from the date of appearance of signs of insolvency, and about jointly acquired property from the date of marriage registration.

UGIBDD of St. Petersburg and the Leningrad Region - information is requested about vehicles and trailers for them, information about completed transactions.
Department of the Leningrad Region for State Technical Supervision and Control - information about tractors, self-propelled machines, other equipment registered with the debtor, information about completed transactions.
State Technical Inspectorate of St. Petersburg - similar to clause 2.
District department of the Directorate for Migration Issues of the Main Directorate of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region, information about the place of residence, a copy of the passport, a copy of the foreign passport, the presence of a residence permit and dual citizenship.
Interdistrict Inspectorate of the Federal Tax Service of Russia, information about the presence of taxable objects registered with the debtor, about income (Declarations for the Pension Fund of the Russian Federation in the form of KND, Certificates in form 2-NDFL, about tax agents), information about accounts opened in credit institutions, about the presence of tax arrears and mandatory payments, the presence of overpayments or erroneously paid fees and taxes.
Interdistrict Inspectorate of the Federal Tax Service of Russia No. 15 for St. Petersburg - information on participation as a founder or general director/director (discontinued and active) in legal entities indicating the size of the share(s), information on the status of an individual entrepreneur and/or the status of the head of a peasant farm (discontinued and active).
Regional branch of the Federal Service for Financial Markets in the Northwestern Federal District (RO FFMS in the Northwestern Federal District) (191023 St. Petersburg, Fontanka River embankment, 15), information on registered rights (current and terminated) to securities, on applications for registration of rights to securities.
FKU "Center of GIMS of the Ministry of Emergency Situations of Russia in St. Petersburg" - information about boats and other small vessels, information about completed transactions.
FKU "Center of State Medical Inspectorate of the Ministry of Emergency Situations of Russia for the Leningrad Region" - similar to clause 8.
Federal Service for Intellectual Property - information about intellectual property objects, applications received for registration of IP objects and those under consideration; information about intellectual property objects in respect of which registration / patents / legal protection of trademarks has been terminated, indicating the grounds for termination; information about contracts, about the alienation of the exclusive right to the debtor’s IP objects; other known information about the debtor, about the rights of affiliated persons, about counterparties and about the obligations of the debtor.
Committee of Property Relations of St. Petersburg - information on the availability of leased state property and state land plots; information about the termination of the right to lease state property and state land plots, information about any other agreements (contracts) with the debtor.
District Department of Licensing and Permitting of the Directorate of the Russian Guard for St. Petersburg and the Leningrad Region, information on registered firearms, hunting, sports and other weapons; information about the presence of arrests, pledges, and other encumbrances on firearms, hunting, sports and other weapons.
Judicial district and district court, information about court orders, criminal and civil cases related to the debtor as of the date of receipt of the request (criminal cases for the entire period of the debtor’s life); information about the existence of court decisions on divorce, division of jointly acquired property, collection of alimony and other legal relations regulated by family law related to the debtor (for the entire period of the debtor’s life).
Branch of the Pension Fund of the Russian Federation for St. Petersburg and the Leningrad Region - information on wages, other payments and remuneration accrued to the insured person (debtor); information about the insurance number of the individual personal account; information on preferential grounds for granting a pension, as well as grounds for granting a pension for disability, in the event of the loss of a breadwinner, for length of service in relation to the debtor and the amount of corresponding payments; information about all places where periodic income is received or periodic payments to the debtor, including old-age pension payments, as well as pension payments for disability; information about the funded part of the debtor's pension; information about the policyholder making payments and other remuneration in favor of the debtor; about insured persons in respect of whom the debtor is the policyholder; information about overpayments and the amount of overpayment in relation to taxes and mandatory payments (in relation to the debtor).
Territorial department of the Federal Agency for State Property Management in the city of St. Petersburg - Information on the availability of state property and state land plots leased in the territory of the city of St. Petersburg and the Leningrad Region by the debtor; information on the availability of state property and state land plots leased in the rest of the Russian Federation by the debtor; information on termination of the right to lease state property and state land plots.
To the Federal Budgetary Institution Administration of the Volga-Baltic Basin of Inland Waterways - information and documents about ships registered with the debtor and deregistered by the debtor; copies of documents provided for registration actions, including contracts and other documents certifying ownership of ships; copies of documents provided for deregistration of vessels; information about the presence of arrests, pledges and other encumbrances on ships registered with the debtor; other information about the debtor, about persons affiliated with the debtor, about the property belonging to them (including property rights), about counterparties and about the obligations of the debtor.
Office of the Federal Bailiff Service for St. Petersburg - district department, suspend or terminate the execution of enforcement documents on property penalties; provide information about all initiated and completed proceedings against the debtor; provide a list of seized property, provide certified copies of orders of seizure; provide information about the initiated enforcement proceedings in which the debtor is acting as a recoverer; provide information about the property rights of the debtor identified as a result of activities within the framework of enforcement proceedings in which the debtor is involved as a recoverer (seizure of property from other debtors).
St. Petersburg regional branch of the Social Insurance Fund of the Russian Federation, information and documents on the presence (absence) of citizens to whom the debtor is liable for causing harm to the life and health of employees; information about the presence (absence) of debt to the Federal Social Insurance Fund of the Russian Federation; information about the presence (absence) of the debtor of overpayments on taxes and mandatory payments (contributions, state duties, etc.) to the Federal Social Insurance Fund of the Russian Federation.
Office of the Federal Service for State Registration, Cadastre and Cartography for St. Petersburg - information about rights, restrictions on rights and encumbrances of real estate, and transactions with them.
Request to the debtor.
Request to the debtor's wife.
Notary Chamber of St. Petersburg - a request to the notary chamber to open the debtor’s inheritance case.
Credit institution, information on cash flows and statements of current/personal (open/closed) accounts in the name of the spouse and the debtor for the period from December 6, 2014 to the date of receipt of the request, with a breakdown of the counterparties; - information about the status of accounts in relation to the debtor’s wife and about the balance of funds on them for further use; - Information about concluded loan agreements, with copies of agreements, questionnaires, payment schedules, mortgages, surety agreements, additional agreements, information about judicial acts; - Information about issued bank cards
Federal Air Transport Agency - information about the debtor’s rights to aircraft and completed transactions with them.
If the debtor has a share in legal entities, the financial manager requests all the necessary information about the legal entity, similarly for the spouse.

The court, on its own initiative, also has the right to request information about the debtor; for example, in case A56-79545/2018, the judge requested information about the debtor and spouse.

How to save money on an arbitration manager

If the debtor independently comes to the arbitration manager, the price tag may greatly surprise him, if not shock him. The question also arises: how to choose this manager and where are the guarantees that he will not lobby the interests of the creditor? The answer is simple: you need to contact professional lawyers who have been cooperating with conscientious managers for more than a year. In addition, bankruptcy companies that successfully help Russians get rid of debts throughout the entire period of validity of the personal bankruptcy law can usually help their clients organize a discount on the services of a manager. As a result, paying for legal support and services of an agency will cost a potential bankrupt the same amount that the manager would charge him in person. At the same time, a person receives as a bonus representation of his interests in court, constant consultations, assistance in collecting documents, preparing an application and maximum protection from creditors.

Duties and responsibilities of the financial manager

The law gives a bankruptcy trustee a wide range of powers. And placing a publication in the Kommersant newspaper is the first thing the financial manager does when starting the procedure for declaring a citizen insolvent. But this is not authority. This is a duty.

He also provides information for making a record in the EFRSB about the launch of one of the procedures in relation to an individual as part of bankruptcy:

restructuring of a citizen's debts;
sale of bankrupt assets through electronic trading.

For the publication of all information required by law, an individual will need to pay a total of about 10 thousand rubles.

Attention! The Bankruptcy Law establishes strict deadlines within which the publication of all necessary information must be completed:

The information must be entered into the EFRSB within 3 days - from the moment the arbitration decision is made to introduce bankruptcy proceedings.
Within 10 days from the start of the procedure, the financial manager is obliged to publish information in the Kommersant newspaper.

If the deadlines established by law are violated, the arbitration manager is held accountable:

if the deadlines are violated for the first time, a warning will follow;
for repeated and subsequent violations - an administrative fine in the amount of 25 to 50 thousand rubles;
if the financial manager systematically commits violations, the court decides to disqualify him for a period of up to three years;

Next, the financial manager is engaged in entering information on all the most significant events within the framework of bankruptcy onto the EFRSB website. This is the information:

on the formation of a register of creditors' claims;
on completion of an inspection for signs of false bankruptcy, identification of other fraudulent actions on the part of the bankrupt;
on the inclusion of the debtor’s property assets in the bankruptcy estate;
on the arbitration decision to extend the bankruptcy period;
on declaring the debtor bankrupt and completing bankruptcy proceedings.

The law also provides for administrative liability for the financial manager for untimely entry of entries or for the absence of entries about these events in the EFRSB.

The financial manager also carries out the following procedures:

Assessment of the current financial situation of a bankrupt citizen. This is the first thing the financial manager checks when a citizen goes bankrupt. To identify the movable and immovable property of an individual, the manager sends requests to government agencies and authorities.
The financial manager also checks the property that previously belonged to the citizen, but was sold or donated by him within three years before filing a claim with the arbitration court. Requests are sent to all bodies that register property rights: traffic police, Rosreestr, GIMS, Gostekhnadzor, Federal Tax Service and others.
The arbitration manager for bankruptcy of individuals analyzes the case materials, identifies the presence or absence of signs of fraudulent actions by a citizen, fictitious or deliberate bankruptcy. If such signs are identified, the relevant information is published in the Unified Register and sent to arbitration and law enforcement agencies.
The manager conducts an analysis of all transactions that were made by the citizen before the opening of the bankruptcy case (over the past three years).

The following types of transactions are thoroughly checked:

carried out at a reduced cost;
the other party of which were close relatives of the bankrupt;

When such transactions are identified, the manager takes action to challenge and return the alienated property to the bankruptcy estate.

The financial manager is also responsible for checking the legality and validity of the creditor's claims and then including them in the register. Information about all creditor claims must be published in the Unified Register.

If the creditor's demand is illegal or the manager does not agree with the amount of amounts indicated by the creditor, the corresponding objections, supported by calculations and documents, are sent to arbitration.

The Bankruptcy Law requires the financial manager to report every quarter on the actions and activities he has carried out, as well as on the results achieved. The final report on the work is submitted by the financial manager to the arbitration court hearing the bankruptcy case.

During the bankruptcy of individuals, the financial manager has complete control over all transactions and expenses of the debtor throughout the entire procedure.

To satisfy the personal needs of the future bankrupt and his dependent family members, a certain amount of money is issued from the citizen’s salary, pension or other income by order of the manager. This is money in the amount of one minimum wage per debtor plus the same amount for his dependents.

Next, the financial manager draws up an inventory and provides an assessment of the property owned by the debtor by right of ownership. After the formation of the bankruptcy estate:

the manager organizes electronic auctions for the sale of the citizen’s property;
develops a procedure for satisfying creditors' claims in order of priority.

There may be several trades. Each subsequent auction of property is held at a discount to its original price. If the property of an individual has not been sold at auction, the manager sends a proposal to the creditors to accept it on the balance sheet in order to fully or partially certify the claims.