For some citizens, the actual question is whether a bankrupt can travel abroad, and also whether this status will affect his family members. As you know, when a certain amount of debt is accumulated, a citizen is blocked from leaving the country. Let's take a closer look at when this can happen.
What the law provides
Any person can have debts for one reason or another. In some cases, their presence serves as the basis for a ban on leaving the country. To solve the problem, you will have to pay off the existing debt. You do not always have to wait for the end of the bankruptcy procedure, sometimes you can remove the restriction ahead of schedule.
The main legislative normative legal act in this area is the Federal Law of 15.08.1996, No. 15 "On the procedure for leaving the Russian Federation and entering the Russian Federation." It provides for two reasons why travel outside Russia may be prohibited:
- the presence of a debt or other executive obligation in the amount of more than 30 thousand rubles, as well as in the amount of 10 thousand - in cases of the payment of alimony;
- in the event of the sale of property in a bankruptcy case of an individual.
In the first case, the presence of debt is confirmed by a judicial act. The travel ban is issued by the bailiff. Traveling abroad in case of bankruptcy of individuals is limited by a court decision until the end of the bankruptcy procedure. This issue is regulated by the Federal Law of October 26, 2002, No. 127-FZ "On Insolvency (Bankruptcy)".
Any person can have debts for one reason or another. In some cases, their presence serves as the basis for a ban on leaving the country. You do not always have to wait for the end of the bankruptcy procedure, sometimes you can remove the restriction ahead of schedule.
Restrictions for individual entrepreneurs
An individual entrepreneur may receive a ban on leaving the country even before the completion of the procedure for the sale of his property in case of bankruptcy. Such time limits are in effect until a decision is made to terminate the bankruptcy proceedings. However, many are also interested in the question of whether it is possible to travel abroad after the bankruptcy of an individual.
If debts are written off, all restrictions are lifted.
At the same time, in accordance with the law, an arbitration court may recognize an individual entrepreneur as a debtor if:
- an individual, a bankruptcy creditor or an authorized body did not submit a debt restructuring plan within the period established by law;
- the creditors' meeting did not approve the restructuring plan;
- the court canceled the restructuring plan;
- reopened the bankruptcy case;
- other situations have arisen as provided by law.
As practice shows, travel restrictions are rarely set, in most cases - at the request of the creditor. The property is then disposed of by an appointed manager. However, for this, the creditor must prove in court that it will be impossible to return the debt without the prohibition. In exceptional cases, the court may impose a restriction on its own initiative.
Restriction period
The travel ban is usually in effect until the end of the bankruptcy proceedings, which lasts six months. After that, the restriction is automatically removed. However, the court has the right to extend this period if necessary. But in practice, this does not happen often.
How to check for a sanction
You can check the existence of a sanction by contacting the bailiffs. Thanks to modern technology, it is possible to do this online. You can use the official website of the bailiff service (FSSP). You can apply to the FSSP with an application in person.
There are specially developed services with which you can find out about the presence of debt on loans, loans, court decisions, taxes, alimony, and administrative fines.
Also, verification can be carried out through special services for a small fee. All available methods are described in the publication “Check the travel ban“.
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How to remove the travel restriction
As noted earlier, when debts are written off, the sanction is automatically lifted. If, however, after the payment is made, the restriction is in effect, you should file a corresponding complaint. The sanction must also be lifted after the signing of the settlement agreement.
In any case, the debtor will have to pay. After paying off the debt from the bailiffs, it is necessary to obtain a resolution to lift the travel restriction.
Is it possible to lift the ban early?
The possibility of early lifting of the ban on travel outside the country by the legislation of the Russian Federation is provided in the case of:
- the need to go on a business trip;
- death of a relative staying abroad;
- when bankrupt is a student of a foreign educational institution;
- the need to undergo treatment in another country.
Can a bankrupt wife with a child go abroad?
We found out whether bankrupts are released abroad. However, the question logically arises as to how matters stand with their family members, whether the restriction applies to them. The law does not establish such prohibitions. For example, a wife and child can safely travel outside Russia, regardless of whether the spouse has such an opportunity.
