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Lender's claim. Application for inclusion in the register of creditors' claims. Deadline for submitting claims of creditors

If the enterprise cannot repay all obligations to counterparties, it may be declared insolvent. Bankruptcy is regulated by Federal Law No. 127. This normative act establishes the procedure for recognizing the insolvency of the subject, the main stages of this process are fixed. Let us further consider how satisfaction of creditors in bankruptcy. creditor's claim

General information

In Federal Law No. 127 is fixed priority to satisfy creditors. Within the meaning of the provisions of Articles 134, 137 and 142 of the regulatory act, 9 groups of entities that have the ability to present claims to the debtor can be identified. ABOUTsequence of satisfaction of creditors necessary primarily for the organization of accounting.

Current responsibility

They are satisfied out of turn. Current liabilities include costs arising from the conduct of proceedings against the debtor arising after recognition of the insolvency. They include managerial remuneration, legal costs, maintenance, utility bills, etc. Particular attention is paid to current taxes. The Federal Law No. 127 enshrines special rules for their deduction. Out of turn, payments are made on social tax and social contributions. The corresponding provision is present in article 134, paragraph 5. When a person is deducted to the budget, the debtor acts as an agent. In this regard, the established order does not apply to this tax. Personal income tax is deducted as salaries are paid to employees. Other taxes accrued as part of bankruptcy proceedings are paid after the remaining debts are paid off.

Specificity of repayment of obligations

First Stage Lenders - Citizens, to whom an entity declared insolvent is responsible for causing damage to their life / health. It is determined by capitalizing the amount of the monthly allowance, based on the provisions of Article 134 of the Federal Law No. 127. As stated in the Law governing the mandatory social insurance of employees against occupational diseases and accidents at the enterprise, upon liquidation, the company must pay capitalized amounts to the Social Insurance Fund. They are directed by the Fund to pay off debt to victims. Secondly, the claims of creditors on remuneration and transfer of severance pay are satisfied. The amount subject to payment shall be the amount accrued at the date of the judgment on the recognition of insolvency. The third stage combines the requirements of the remaining creditors. These include persons with claims for monetary obligations and budget payments. satisfaction of creditors in bankruptcy

Deadline for submitting claims of creditors

Within 10 days from the date of appointment, the manager publishes a declaration of insolvency of the economic entity. Publication is carried out in the official publication. The message establishes the period in which counterparties can send claims to the debtor. Its duration may not exceed 2 months from the date of publication. Application for inclusion in the register of creditors' claims, sent at the end of the period established by the manager, of course, will be accepted. However, the repayment of obligations will be carried out at the expense of the property remaining after settlements with other counterparties. Creditor requirement The 1st or 2nd group, sent after the repayment of obligations to all persons with claims, is executed by suspending payments to the entities of the following groups. This rule is aimed at ensuring the protection of the interests of employees of the enterprise, recognized insolvent. In the course of studying the information reflected in the accounting documents, a debt may be identified for which no claims were received. She will be deemed undeclared. The selection of this group is necessary to assess the real amount of debt accumulated by the enterprise.

Claim recognition

It is associated with the rules for the consideration of debts and their inclusion in creditors register. A claim shall be considered established if the arbitral tribunal has issued a supporting ruling against them. Creditor requirement is pending if the competent authority has not yet conducted the proceedings. If the court has issued a ruling that does not confirm the claim, then it is considered unrecognized. Studying the requirements within this classification allows us to characterize the legal activity of creditors, as well as the validity of their statements.

Degree of protection of interests

Creditor requirement may be simple or privileged. In the latter case, we are talking about debts to be repaid in the appropriate manner, regardless of the time the claim was filed. Simple creditor's claim, adopted by the manager after the specified period, is executed after settlement with other persons.

Opportunity to participate in decision making

If available, creditors are considered voting. This group includes persons who have claims for budget payments and monetary obligations regarding the main debt. The subject composition and amounts payable are established on the basis of information that contains creditors register on the day of the meeting. The number of votes of each such person is determined in proportion to the amount of claims regarding the main debt. Non-voting creditors of the 1st and 2nd groups are considered whose interests are protected by privileged priority. Other persons who filed claims for financial sanctions fall into the same category. The representative of the debtor's employees participating in the meeting may express his opinion in order to focus attention on certain relevant issues. However, he cannot vote. lender's assignment

Claim Claim

Application for inclusion in the register of creditors' claims, sent within the established period, practically guarantees repayment of obligations at the expense of the debtor's property. Thus, the probability of receiving money due to him will depend on the activity of the subject. Meanwhile application for inclusion in the register of creditors' claims may be filed after the end of the period established by the manager. In some cases, this moment is unprincipled for subjects, in others it is extremely important. In the first case, we are talking about lenders with privileged claims. If the entities are not assigned to group 1 or 2, then in the case of sending claims at the end of the specified period, the chances of receiving the amounts due are substantially reduced.

Legal nature

On this basis, three categories of claims are distinguished. Creditor requirement regarding the main debt may include debt to:

  1. By the workers.
  2. Banks.
  3. Suppliers under business agreements.
  4. Budget on fees / taxes.

This debt is formed during the normal turnover of the enterprise to recognition of insolvency. The second type is the claim for interest repayment, which is accrued on the amount of claims during the procedure. They are provided for by Article 95 of the Federal Law No. 127. Such claims arise as a result of a moratorium on repayment of obligations.It represents a suspension of the fulfillment of requirements by the debtor, including the payment of budgetary contributions, the deadline for which came before the date on which the external management was introduced. A moratorium is established for its entire period. During this period no penalty, fine, or penalty is calculated, other financial sanctions for non-fulfillment or improper fulfillment of obligations stipulated by the agreements or the Civil Code are not applied. In this case, interest is accrued on the amount of debt. Their size is equal to the Central Bank refinancing rate established on the day the administration was introduced.

Financial sanctions

The requirements for them are divided into three groups. The first includes claims for the payment of penalties under business contracts. They are charged according to the rules of the Civil Code. In particular, we are talking about compensation for losses in the form of lost revenue, penalties, forfeits, fines. In the second group - sanctions for tax evasion. These include penalties accrued for failure to meet deadlines, fines for violation of the provisions of the Tax Code. In the third group - interest for late payment of salaries provided for in the Labor Code. Financial penalties may not include fines that are imputed to officials in connection with a violation of labor and tax standards in accordance with the Code of Administrative Offenses. Sample application for creditor claims

Economic nature

On this basis, the following groups of requirements are distinguished:

  1. Social obligations. They include salary arrears, severance pay, health / life compensation, and remuneration under copyright agreements.
  2. Obligatory payments. They are the amounts of arrears in fees and taxes, state duties.
  3. Cash liabilities. They include debts under credit agreements, business contracts.

The study of these claims reveals the reasons for the insolvency of the company, depending on the sources of the appearance of obligations.

Claim handling

Feeding application for inclusion in the register of creditors' claims, the entity must attach documents confirming the validity of the calculations. The arbitral tribunal is required to verify the accuracy of all claims. In this case, all objections received from the debtor, other persons making claims, as well as from the trustee, are taken into account. Claims are considered according to the general rules for the proceedings of cases with the features provided for in the Federal Law No. 127. A sample application of the creditor's claims is executed according to the general rules. It must contain the required details:

  1. The name of the authority to which the document is addressed.
  2. Information about the applicant and debtor.
  3. Signature, date.

The text indicates the essence of the claims, their composition and size with accrued interest and penalties. In addition, a period is given in which the requirements must be fulfilled. Confirmation papers are attached to the document (contract, for example). first stage lenders

External management

When introduced throughout the entire period of validity, creditors have the right to send their claims to the debtor. The specific time for submitting claims will not be of particular importance. This is due to the fact that settlements by the manager will be based on registry information. Obligations will be repaid from the date the court makes a ruling on the transition to settlement procedures or on the beginning of the payment of arrears to persons of a particular group.

Production

In the course of it, requirements should be sent before the registry closes. When considering this point, you should refer to article 142 of the Federal Law No. 127. Clause 1 of the norm states that the register is closed at the end of 2 months from the date of publication of the announcement of the recognition of the insolvency of the debtor and the opening of proceedings in relation to him. Particular attention should be paid to the prescription enshrined in article 128. In clause 2, it is indicated that the manager must publish the closing date of the register in the same official publication, in which there is a message declaring the company insolvent.

Nuance

Closing the registry, in principle, is not an obstacle to the statement by creditors of claims. However, their execution will be carried out in a special order. Such requirements are not included in the registry. They are repaid at the expense of property remaining after settlements with entities that have filed a complaint at a specified time. deadline for creditors

Competitive Lender

In the list of possible participants in the procedure for declaring an enterprise insolvent, in accordance with the provisions of the Federal Law No. 127, two types of persons are mentioned. Some of them were mentioned above. They are ordinary lenders. The law clearly defines their capabilities, the rules for sending claims and other nuances. May also participate in insolvency proceedings. bankruptcy creditor. In simple words, this is an entity whose claims are documented and duly taken into account by the manager, who has the appropriate decision of the arbitration court.

Cession

Assignment of creditor claim - a fairly popular procedure carried out in the framework of the insolvency process. Assignment allows you to quickly improve financial performance and return part of the debt. At the same time, the creditor who goes to the assignment of claims loses a certain amount. Such transactions always attract particular attention from the regulatory authorities. Cession is regulated by Article 382 of the Civil Code. When drawing up an agreement, there is no need to obtain the consent of the debtor. However, it is necessary to notify him of the transaction. creditor claim notice

Additionally

Prior to the entry into force of Federal Law No. 482 of 2104, entities that have claims against the debtor, among other things, were obliged to compensate the manager for the costs of creditor claim notice. Compensation should have been made prior to going to court. Otherwise, the arbitral tribunal left the application without motion in order to realize the possibility of providing evidence of compensation for these expenses to the administrator. In the absence of compensation or evidence that it was made within the prescribed time, the court returned the claim.

The new version of the Law on Bankruptcy does not contain this requirement. Subjects with claims are no longer required to pre-compensate the costs of the manager. At present, it can be charged to a creditor who has filed a claim only if he has sent it as part of the monitoring procedure for ungrounded reasons. In other words, assignment of duty in any situation is carried out ex post. That is, the court can impute it after examining the claimed claims on the merits and if it ended positively for the creditor.


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