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Volgograd explained how to write off debts for housing through bankruptcy

Exemption from old payments does not cancel current account payments

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Volgograd explained how to write off debts for housing through bankruptcy

Debt for utilities in some cases can be written off through bankruptcy. However, exemption from old payments does not mean that you can stop paying current bills. About this RIA Novosti told the Chairman of the State Duma Commission on housing rights of citizens Dmitry Svishchev.

According to the parliamentarian, when a citizen is declared bankrupt, the court can release him from obligations on debts for housing and communal services, which formed before the start of the procedure. At the same time, charges for electricity, water and heating that arose during the bankruptcy will have to be paid.

There are other limitations. If it turns out that a person deliberately evaded the payment of utility payments, the court may refuse to write off the debt. In addition, bankruptcy requires expenses: in particular, it is necessary to pay for the services of a financial manager.

With a debt of 50 thousand to 500 thousand rubles, a citizen can use an extrajudicial bankruptcy procedure through the MFC. If the amount of debt exceeds 500 thousand rubles, the issue is resolved through the arbitration court. As Svishchev stressed, this option requires serious preparation and consultation with a lawyer.

The MP also drew attention to the limitation period for utility debts. As a general rule, it is three years. Some residents expect that during this time the debt will automatically disappear, but this is not the case.

If the management company or resource supplying organization did not apply to the court for debt collection within the prescribed period, it may be impossible to recover a fee for an overdue period. At the same time, the creditor has the right to apply to the court, and the issue of applying the limitation period is considered taking into account the circumstances of the case.

In addition, partial payment of the debt or written recognition of the debt may affect the duration of the limitation period. Therefore, it is not worth counting on automatic debiting of utility payments after three years.

Source: Московский комсомолец ↗

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