“Age of bankrupts increased year over 2 years” — comments of Inna Vavilova for Fedresurs
Citizens declared bankrupt in January-August 2018 was 46 years on average, as in the same period in 2017, in the same period in 2016 they were 45 years on average, it follows from the data of the Fedresurs. Such stability is caused by "dampness" of judicial practice.
The share of bankrupts older than 60 years is very significant in the segment of large bankruptcies of business beneficiaries, said the lawyer, managing partner of "Prime Advice" Inna Vavilova.
If we proceed from the value of the estate and the size of the obligations, rather than from the usual numerical statistics on the number of disputes, such cases can make a serious share,
- I. Vavilova says.
Today, the conclusions of the courts about the impossibility of bankruptcy of minors are caused by the "dampness" of judicial practice, Inna Vavilova comments.
Neither the bankruptcy law nor the civil law contain provisions restricting the bankruptcy of minors,
- the expert notes.
If a minor has a personal debt, and there are not enough funds to repay it, it seems correct to allow the possibility of bankruptcy, with the participation of a legal representative in the process,
- Inna Vavilova says. However, according to her, courts don't like this scenario yet.
What the courts have already dealt with is that if the heir's debt is not personal, but passed to him as a result of inheritance, then there is no bankruptcy of the heir, and then a case of bankruptcy of the hereditary mass is initiated,
- I. Vavilova adds.
The general trend to increase interest in the issues of inheritance of business in the future may lead to activation of bankruptcy of the hereditary mass, but there are few specific cases, Inna Vavilova notes. According to the expert, they are concerned about the quality: it is difficult for courts to work with interdisciplinary issues at the crossroads of bankruptcy, civil, inheritance and procedural legislation.