A bankrupt company, as a rule, has many unpaid loans, and the task of those companies that acted as creditors is to recover their funds as much as possible. It is necessary to issue claims to creditors in the form of a register, which will collect information on all monetary or property claims.
Instructions
Step 1
The register of creditors' claims is necessary for their grouping and subsequent analysis. It contains information about all creditors, the amounts of their claims and the order of satisfaction. The registrar can use the standard form approved by the order of the Ministry of Economic Development of Russia dated 01.09.2004 No. 233 for its registration.
Step 2
The registrar is the bankruptcy administrator of the company in respect of which the bankruptcy case is pending. The grounds for inclusion in the register of creditors' claims are the relevant decisions of the arbitration court, if the case is about bankruptcy creditors. They are considered to be those creditors whose claims arose as a result of the execution of civil law contracts or from similar non-contractual relations not related to the performance of labor duties. The manager has the right to include other creditors in the register on his own, they do not need a decision of the arbitration court.
Step 3
If you wish to recover your losses and be included in the register of creditors' claims, then the period for inclusion in the general procedure in the supervision procedure is 30 days from the date of publication of the bankruptcy. If the company goes bankrupt in bankruptcy proceedings, the period is increased to two months. To quickly track information, look through the section "On bankruptcy" in the Internet newspaper "Kommersant", it contains information about any (open) bankruptcy case in the Russian Federation.
Step 4
In the event that you are bankruptcy creditors, send a request to include your company in the register of creditors' claims. It is sent to three addresses: the receiver in bankruptcy, the debtor (bankrupt) and the arbitration court. Attachments to the requirement are documents confirming its validity. This package of documents must fully correspond to the one that you attached to the statement of claim when collecting a debt in an arbitration court.
Step 5
The arbitral tribunal, having considered your claim in the presence of the debtor and the bankruptcy commissioner and after hearing their comments and objections, if any, issues a ruling. In the event that the determination is positive, on its basis, the arbitration manager makes an entry in the register about the new creditor.
