of October 13, 2015 No. 45
About some questions connected with enforcement of the procedures applied in insolvency matters (bankruptcy) of citizens
Due to the enforcement of new provisions of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - the Bankrupcy law, the Law), regulating procedures applied in insolvency matters (bankruptcy) of citizens for the purpose of the correct and their uniform application the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:
1. The provisions of the Bankrupcy law regulating the procedures applied in insolvency matters (bankruptcy) of citizens, including individual entrepreneurs became effective since October 1, 2015 (part 2 of article 14 of the Federal Law of June 29, 2015 No. 154-FZ).
For the purposes of initiation of proceedings about bankruptcy of citizens are considered including the requirements of creditors and authorized body which arose till October 1, 2015.
2. According to Item 1 of Article 213.1 of the Bankrupcy law of the relation, connected with bankruptcy of the citizens who are not individual entrepreneurs are regulated by paragraphs 1.1 and 4 of Chapter X of the Law, and in the absence of the special rules regulating features of bankruptcy of this category of debtors - Chapters I-III. 1, VII, VIII, paragraph 7 of Chapter IX and paragraph 2 of Chapter XI of the Law.
The provisions provided by paragraphs 1.1 and 4 of Chapter X of the Bankrupcy law are applied to the relations connected with bankruptcy of individual entrepreneurs taking into account the features established by paragraph 2 of the called Chapter and item 4 of article 213.1 of the Law irrespective of whether obligations which non-execution causes initiation of proceedings about bankruptcy are connected, with implementation of business activity or is not present (Article 214.1 and Item 3 of Article 213.1 of the Bankrupcy law).
In the presence at the debtor of the status of the individual entrepreneur excitement and consideration only of one case on its bankruptcy is possible. Excitement and consideration at the same time two cases on bankruptcy of such person - as citizen and as the individual entrepreneur - is not allowed.
3. The provisions of the Bankrupcy law concerning bankruptcy of citizens are not applied to the relations connected with bankruptcy of peasant farms including when the application for recognition by the bankrupt is submitted to Arbitration Court concerning the citizen who is at the same time individual entrepreneur - the head of peasant farm (Item 2 of Article 213.1 of the Bankrupcy law).
Bankruptcy of peasant farms is performed by general rules of the Bankrupcy law with the features established by paragraph 3 of Chapter X of the specified Law.
4. The bases, procedure and effects of recognition by Arbitration Court of the citizen by the bankrupt, priority of satisfaction of requirements of creditors, procedure for application of procedures in the case of bankruptcy of the citizen are established by the Bankrupcy law (Item 2 of Article 25 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), Items 1 and 3 of article 1 of the Law).
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