Assessment Of The Debtor’s Property

At present, the Federal Law No. 144-F, dated 28.07.2012, “On Amending Certain Legislative Acts of the Russian Federation,” somewhat changed the rules for assessing the debtor’s property at the stages of external management and bankruptcy proceedings.

In accordance with the new edition of Art. 130 FZ “On Insolvency (Bankruptcy)”, the appraiser’s involvement at the stage of bankruptcy proceedings ceased to be mandatory. As a general rule, the value of the debtor’s property is determined based on the results of the inventory.

The assessment of the debtor’s property with the involvement of an independent appraiser at the expense of the debtor’s property can be made only if within thirty working days (in case of sale of the enterprise under the external management procedure) or within ten days (in case of sale of the debtor’s property within the procedure of bankruptcy proceedings) from the date of inclusion of information on the results of the inventory of the debtor’s property in the Unified Federal Register of Information on Bankruptcy, the arbitration administrator will be required to conduct it from the competitive th creditor or from the authorized body, if the amount of the claims of the bankruptcy creditor or the authorized body exceeds two percent of the total amount of the creditors’ claim.

In the request for an appraisal, it will be necessary to indicate the property in respect of which the assessment is to be made.

Within two months from the date of receipt of such demand, the arbitration manager is obliged to ensure that the property is valued at the expense of the debtor’s property.

In case of insufficiency of the debtor’s money for assessing the property at the request of the bankruptcy creditor or authorized body, the arbitration manager shall notify the person who made the relevant request about it within two working days from the date of receipt. In this case, the assessment of the debtor’s property is carried out if the bankruptcy creditor or the authorized body that has submitted a request for an appraisal of property transfers money to the debtor’s account to pay for the services of the appraiser at the rate of their value. Based on the results of the sale of the debtor’s enterprise (property), the specified monetary funds are refunded to the competitive creditor or authorized body in the order established by clause 2 of Article 134 of the Federal Law “On Insolvency (Bankruptcy)”.

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After the evaluation, a report is prepared which is to be included by the bankruptcy administrator in the Unified Federal Register of Bankruptcy Information. A re-evaluation with respect to the same property is possible only at the expense of a bankruptcy creditor or a Deciding to sell their homes, few people think, and how, in fact, to determine its value. Most of them form a price, simply having studied several ads about selling similar apartment options. However, this approach can lead to sad consequences: buyers are frightened off as an excessively inflated price (“And there is cheaper!”), and understated (“So, something is wrong”). A professional appraiser will calculate the market value, which will not only help the parties determine the price, but also will allow you to correctly position your offer in the real estate market. As for the cost of such services, for example, to evaluate a typical apartment specialist “Zhilfonda” will be able to 2500 rubles. More expensive will determine the price of commercial real estate – from 7,000 rubles, depending on the area of ​​the object.

Secondly, it is worth to evaluate the purchased apartment in order to avoid overpayment.

Here everything is clear: how much can a seller charge? A person who does not work in real estate, it is difficult to understand whether the requested amount of the market value of the apartment at the date of the transaction. And having resorted to the services of an appraiser, you will be sure that you will pay for real estate exactly as much as it really costs.

By the way, the customer should keep in mind that the results of the evaluation specified in the report are valid for six months from the date of its compilation.

Thirdly, you cannot do without an appraisal of an apartment if you are planning to take a mortgage.

Before issuing a loan, all banks require documentary proof that the apartment you have chosen is worth exactly that much and not a ruble less. This requires art. 8 “Mandatory cases of evaluation” of the Law of the Russian Federation No. 135-FZ of 29.07.1998 “On Valuation Activities in the Russian Federation”. Thus, without a well-written conclusion of an expert appraiser, the bank will not even consider issuing a mortgage loan.

Fourthly, without a professional assessment, you cannot enter the inheritance rights.