In the event of bankruptcy of any company, a special register of claims is formed. This includes every person or company requiring a certain amount from the debtor that was previously provided to him. The court only satisfies the claims of creditors who are previously included in this list, therefore they must take care of this within strictly defined terms. In this case, it is important to understand how a statement is formed on the inclusion of requirements in the register of creditors' claims.
Features of registering
The inclusion of any creditor in it is a special procedure that is implemented in the conduct of litigation carried out in the event of bankruptcy of a company. The main purpose of this registry is the registration and accounting of all people and companies that require the debtor to pay their funds with accrued interest.
This procedure is mandatory for every lender planning to return their money. This is due to the fact that during the bankruptcy procedure, the monitoring stage begins, on the basis of which the continuation of property processes and monetary recovery is not allowed, therefore, all claims are implemented only on the basis of the Federal Law "On Bankruptcy". Art. 16 of this law contains basic information about how creditors are included in the register. It is indicated that it is necessary to form a statement on the inclusion of claims in the register of creditors' claims.
How is the procedure carried out?
The inclusion in the register of creditors' claims is standard for all individuals or companies. They can learn that in relation to a specific debtor bankruptcy proceedings have been started, in various ways.
Some lenders may even initiate a trial. Other companies may receive information from the debtor himself. Most firms learn about the bankruptcy of another organization from the media.
The procedure for inclusion in the register of claims of creditors of the debtor is carried out in several stages, each of which has its own purpose.
Bankruptcy Stages | Action taken |
Observation process | As part of this phase, an interim manager is appointed. |
Alert creditors of bankruptcy of the debtor | These actions are performed by the interim manager, for which information is posted in the Kommersant newspaper or other media. Special written notifications are sent to the company's employees and founders |
Register is formed | The arbitration manager is engaged in this process, and the responsibility may also be assigned to the registrar. This specialist is involved if the number of companies and people requiring their funds exceeds 500 |
Queuing | Each person or company requiring a debt repayment from the debtor forms an application to include claims in the register of creditors' claims. They must also have a judicial act, and it must already enter into force. It is he who determines the structure and size of the debt. No judicial act is required for employees of the debtor who wish to receive their salary or other similar payments |
A sample register of creditors' claims can be found directly from the arbitration manager. The standard statement does not require any specific information.
When should I apply?
The register is created during the entire trial, carried out in the framework of a particular bankruptcy case. So that each lender can exercise their own rights, as well as rely on receiving their money, he must take into account the time period when he can be included in the register.
If the monitoring procedure is carried out, then only 30 days are given for filing applications from the moment the information on this process is published in the official media. If the bankruptcy proceedings are held, then the period is extended to two months.
If a time period is violated when a specific company or private person can be included in the register of creditors' claims, then they lose the opportunity to participate in the relevant meetings and make certain decisions. They will also be at the very end of the queue of all claims, so they often do not receive a refund at all.
How to make a statement?
An application for the inclusion of claims in the register of creditors' claims must be prepared within 30 days after the publication of information about the debtor in the media. The main purpose is not only inclusion in this list, but also obtaining the right to participate in meetings. Therefore, a company or individual can become active participants in this business, and not observers.
When compiling the application, the rules for its formation are taken into account:
- the document is in writing;
- the standard form is used for this;
- it is sent to the address of the arbitral tribunal;
- a judicial act is applied to the application, on the basis of which it is confirmed that the applicant really has the opportunity to demand a specific amount of money from the debtor;
- the statement shall indicate the requirements of the creditor and their validity.
After studying the documents received, the court decides to declare the claims justified, after which the applicant is included in the queue of the register of creditors' claims.
What information is contained in the application?
When forming this document, you need to make numerous necessary information. These include:
- information about the arbitration court where the paper is sent;
- data on the creditor and debtor, as well as on the interim manager;
- in the main part, the number of the court case, as well as the requirements of the creditor, are prescribed, and additionally, the grounds for collecting the debt are indicated;
- without fail the application contains rules for calculating the required amount, its composition and documents confirming its availability;
- there must be a specific requirement of the applicant to include him in the register;
- the following is a list of additional documents that are annexes to the application;
- at the end is the signature of the applicant and the date of the document.
A month after the publication of information on the bankruptcy of the debtor, the register of creditors' claims will be closed, so it is impossible to enter any company or private person there later, so all actions must be performed in a timely manner.
What applications are attached to the application?
To the correctly formed application, other necessary documents, called applications, are certainly attached. Their number and composition depend on the circumstances of a particular case. Be sure to apply paper:
- court decision on the basis of which the observation is carried out;
- documentation confirming that the applicant really has the right to demand the return of a specific amount of money from the debtor;
- copy of the passport of an individual or company constituent documents;
- if a representative is involved in all matters regarding the collection of funds, then he must have a power of attorney certified by a notary;
- correct calculation of requirements.
All the above materials are prepared in triplicate. One goes to the court, the other goes to the manager, and the third goes to the debtor.
Do I need help from an arbitration lawyer?
If the lender himself has difficulties in independently preparing an application and other documentation, then he can take the help of an arbitration lawyer.
The specialist not only prepares documents, but can also act as a representative of the customer.
What happens after the transfer of a package of documents?
An application with other documentation is considered by the court, after which a decision is made as to whether the creditor will be included in the register or will be refused. In the second case, there must be objective reasons for the refusal.
A negative court decision may be appealed by the applicant by appeal. If the creditor is included in the register, then all information about the case of the specific debtor will be transferred to him, and he can also become a participant in the meetings and make decisions by voting.
Conclusion
Thus, each lender must know how to become a member of the registry. All people and companies included in it can become participants in the lawsuit, and they are paid according to a specific order the funds received after the sale of the property of the bankrupt. To be entered into this register, it is required to correctly write an application to which the necessary other documents are attached. In this case, it is necessary to take into account the optimal time when the application should be submitted to the court.