A bankruptcy petition is a document that has a number of features. Further everything will be told about this paper. How is it made up? Where is it served? What nuances should be considered when submitting an application? In fact, everything is simpler than it might seem at first glance.
Where to serve
The first step is to understand which body is applying for the established form. To date, the document being studied is considered in court. There are several of them in Russia. Which one should I contact?
An application for joining a bankruptcy case is considered exclusively in the arbitration court. It is filed after a claim for bankruptcy has been filed by one or another person, but it has not yet been recognized as substantive. In other words, when the case is already under consideration.
By the way, it is necessary to apply to the arbitration court at the place of registration of the organization or at the registration of an individual. Other judicial authorities do not work with the document being studied.
Filing Conditions
You should pay attention to the fact that the application for joining the bankruptcy case, as has already been said, is filed in the presence of a claim for declaring the organization or person bankrupt. Such paper may be fed:
- lenders;
- debtors;
- subordinates of a potential bankrupt;
- authorized bodies of municipal or state power.
In this case, you must have reason to declare bankruptcy. Among them are the following points:
- the presence of monetary obligations to creditors;
- the requirement is at least 500,000 rubles for individuals or 300,000 rubles for organizations;
- the debt is overdue for more than 3 months from the moment when it was supposed to be repaid;
- the presence of debt is proved and confirmed by a court decision.
There is nothing special in the process. This information is important to open a bankruptcy case. What else do you need to know?
About entry
An application for joining a bankruptcy case of a citizen or legal entity, but before it is examined for legality, filed after the main lawsuit are considered applications for entry. These documents are considered in judicial authorities no more than 15 days from the date of verification of the first claim.
Without a court decision recognizing a citizen’s debt, as a rule, it will not be possible to file an application for joining a bankruptcy case. This must be remembered by each lender.
Courts examine all bankruptcy claims filed by a person or organization in the order in which they were received. If the very first application was considered evidence-based, then all other documents are considered as applications for inclusion in the register of creditors' claims.
Initially illegal
What if the initial lawsuit is recognized by the court as unlawful? In this case, several scenarios are possible. Namely:
- the bankruptcy case is terminated (if there are no applications for joining it);
- The lawsuit remains unaddressed.
Judicial authorities take similar actions when a citizen / organization refuses its bankruptcy claim.
Cost
Like most documents, the paper under study requires a certain fee from new entrants. How much is a bankruptcy petition? The state duty for this document is set in a strict amount.
Today, you will have to pay 6,000 rubles for entering into a case to declare a citizen or organization bankrupt. In this case, the judicial authorities are obliged to adopt a document for further consideration.
About the content
Now a little about what exactly needs to be written in the paper under study. What are the components of a bankruptcy petition? There is nothing difficult or special about this. Remembering the elements of the lawsuit, even a citizen without a legal education will be able to create it.
Typically, a statement of entry into the case differs little in content from the original bankruptcy lawsuit. So, the following information is written in the document:
- name of the judicial authority in which the case is being examined;
- data on the debtor: F. I. O. (or name of organization), address;
- PSRN and TIN - for legal entities;
- information about the creditor;
- a description of the claims against the debtor, indicating penalties and the exact amount of the debt;
- the basis for the occurrence of obligations (usually the contract number);
- debt judgment;
- evidence confirming that a citizen / company has debts;
- list of papers attached to the claim;
- person bankruptcy case number.
Remembering all this is easier than it sounds. Next will be a sample of the document being studied. What else do you need to know before serving?
Application Papers
For example, a list of documents that must be attached by the lender. An application for joining a bankruptcy case (after the introduction of supervision) that does not have any attached papers will not be accepted by the judicial authorities. Therefore, you must carefully prepare for the filing process.
Each applicant, together with the claim, must attach the following package of documents:
- identification;
- an agreement that served as the basis for the occurrence of debt;
- papers indicating informing the citizen / organization of the debt;
- court decision that has already entered into force;
- applicants registration documents;
- State duty receipts;
- extracts from the Unified State Register of Legal Entities or Unified State Register of Legal Entities (not older than 30 days);
- evidence of debt.
As a rule, all listed papers are submitted not only in originals, but also with copies. The exception is an extract from the Unified State Register of Legal Entities / Unified State Register of Legal Entities. It is given to the judiciary only in the original.
No court rulings
An application for joining a bankruptcy case cannot be filed without a court decision. According to the established laws, it is impossible to enter into such claims as third parties without reason.
The only thing advised in this case is to pay the established state fee (6,000 rubles), and then file an application for recognition of the citizen / organization as bankrupt. Then such a document will be considered as a statement of entry into bankruptcy proceedings.
Decor
Some are interested in how to properly study the paper under study. This is actually easier than it sounds. Especially if a citizen has previously dealt with claims.
A bankruptcy petition is subject to all generally accepted business correspondence rules. This also applies to design. In order for the document to be composed as correctly as possible, you must adhere to the following tips:
- The “cap” of the claim is made out in the upper right corner of the sheet. Here is written data on the debtor, applicant, court.
- The name of the paper is usually printed from a new line, under the "header", in the center of the page.
- The main part consists of a description of the essence of the claims of the applicants.
- The list of attached documents is written in a separate numbered list after the main part.
- The application ends with the filing date and signature of the applicants.
The document has no more significant features. We can say that the paper rules are exactly the same as any other lawsuit.
Sample
And what does a statement on joining a bankruptcy case look like? A sample of this paper will be presented below. This is just a small template of the main part of the document, which is individual in each case. Therefore, you cannot call it exhaustive.
So, a bankruptcy petition looks something like this:
“As of (date of appeal), the amount of claims amounted to (amount of debt subject to sanctions). This requirement arose against the debtor due to (contract number). The court recognized the citizen's debts (information about the debtor) to me. Please acknowledge it bankrupt. Debt evidence is attached. "