Invader Citibank branches Aram Petrosyan argues that to commit a crime he was forced to “plague” the Law “On bankruptcy of physical persons”. They say, realistically, no indulgences on the debt he provides. President of the Russian Guild of arbitration managers Stanislav KLEIMENOV specially for “MK” has analyzed this extraordinary story.
— Why do you think Petrosyan took it Citibank? Because there is, apparently, his loans were not?
— The answer must be sought in his video address to Vladimir Putin. The entrepreneur said the following: “I’m smart and will suit the crime in the world”. Citibank, of course, only a Russian legal entity, but the roots of the us. Because the resonance of this action in the centre of Moscow is much more.
Okay. What motivated the entrepreneur?
— If you refer to an open directory service of court bailiffs, we will see that in relation to him in 2012 and 2015 were submitted four writ for the recovery of accounts payable in the two institutions: Sberbank and “VTB 24”. The total amount of debt not published but we can assume that it is big enough. Because decisions were Mozhaysky district court of the Moscow region and justice of the Krasnoselsky district of the capital, you can most likely argue that the loans Petrosyan took as an individual and not a company. Will pay attention to another fact. The first problems with creditors at Petrossian occurred four years ago. However, the banks continued to give him money. It is possible that the employees did not quite faithfully checked the dossier of the borrower.
Business of Aram Petrosyan went bankrupt. In such cases, ideally, one wants to obtain complete freedom from debts regardless of the fact, before the budget or they are creditors. Especially in Russia with the end of 2015, the Law “On bankruptcy of individuals”.
— Correctly. After receipt of the court decision on the cancellation of all existing debt, the debtor may be pure as the kiss of a child. And no one will never make a complaint either to the company or to him personally.
Bankruptcy is the only legal way of getting rid of the debt burden, but it is not so simple as it may seem.
Rumors about the cancellation of all debts of individuals — not more than rumors. Imagine someone finding themselves in a difficult position, turned to the Bank for a loan, the money spent, the obligations remained. There is no work, find new difficult. The path to another Bank, the new debt, and so on, to pay the loan fails. In these circumstances, the court the debt is not written off never, since the behavior of the debtor does not meet the criteria nor the intelligence, nor integrity.
I it to what? Judging by the history of the writ of execution Petrosyan acted on this principle. While its Declaration of bankruptcy, if any, of course, means two things: he either and lenders, with the participation of financial Manager to agree on the restructuring, or conclude a settlement agreement. Otherwise, all the debtor’s property is sold. When carrying out this procedure, it can be stripped of everything except a single housing, provided that it is not pledged under the mortgage. Also check out the deals for the three years prior to the bankruptcy. If something seems suspicious, then the transaction will be challenged, and the property sold, but in favor of the lenders. For the unprepared debtor is very painful.
— Do you think that meant Petrosyan when he describes the current law on bankruptcy “the plague, which saddled the majority of our people”?
In the first half of the zero market of legal and accounting services was Packed with about this is: “the elimination of the company for 3 days, without your participation, with debts and without.” Then the tax evasion were massive. “Advanced” businessmen used the in-house offshoring (Kalmykia, Evenkiya, Altai), where registered companies with nominee Directors. On them hung all tax risks, and the main business owner allegedly looked clean. Others simply drew the documents on costs and VAT deductions. The first thought that, on the basis of such optimization schemes, personally, it is impossible to make any claims. The second lived by the principle “while the thunder will not burst”. When the “thunder” in the form of a field tax audit is already being rattled, there was a question about how to get rid of the company. Had to sell the firm to the indigenous peoples of Chukotka with re-registration in Kamchatka. The advertisement claimed that all risks shall pass from the customer to other persons. the Is shamelessly lying, and consumers, happy with the price and lack of negative consequences, she happily believed.
— And now the situation is tougher?
— Of course. Adopted regulatory framework on the illegality of the use of shell companies if the company is unable to pay the debt to the budget, strengthened the financial liability of owners and managers. Even if they are the result of the reorganization become the former, entered into force the Law “On bankruptcy of physical persons”. And a lot more.
— Still to Petrosian bankruptcy would be a way out?
— What do you think is common between US President Abraham Lincoln, the founder of the Ford motor company Henry Ford, inventor of the electric light bulb by Thomas Edison and billionaire Donald trump? Success, wealth… of Course. But more unites them that all of them several times in the course of his life was recognized as totally bankrupt. Draw your own conclusions.
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