When a legal entity begins bankruptcy proceedings due to its insolvency to fulfill its obligations, creditors submit their claims, making numerous mistakes. Entrepreneurial activity is always associated with economic risk, therefore the possibility of non-performance or improper performance always exists.
It is necessary
Creditor, debtor
Instructions
Step 1
In case of default, the creditor always bears property damage. In order to reduce the adverse consequences, the creditor enters into a security relationship, that is, the third party assumes obligations and is responsible for the debtor.
Step 2
The fulfillment of obligations is facilitated by methods of security, which consist in the imposition of additional encumbrances on the debtor in the event of default of obligations or in the reservation of property, with the help of which the fulfillment of obligations can be achieved. The obligations of the surety cannot be more burdensome than the obligations of the debtor.
Step 3
The surety has the right to all objections to the creditor's claims arising from the debtor's obligations. The creditor may present a claim to the surety not earlier than the date when the debtor was obliged to fulfill his obligations. If the guarantor has fulfilled all obligations, then he automatically acquires all the rights of the creditor under the obligation.
Step 4
The procedure for filing claims against the debtor is provided for by the bankruptcy law. If the arbitral tribunal recognizes that the claims are justified, then they are included in the register of creditors' claims. Whatever the requirement, in any case, it is subject to verification by the court, even if there is a writ of execution for recovery.
Step 5
Depending on the bankruptcy procedure, the procedure for filing claims may differ. The arbitral tribunal may leave the claim without consideration if it turns out that an insolvency case will be initiated against the defendant. In this case, the bankruptcy case is considered.
Step 6
In order for the court not to object on the basis under consideration, it is necessary to figure out which requirements are to be presented in the general legal order, and which ones within the framework of a bankruptcy case. The requirement to be included in the register of claims of the creditor of the debt must be signed by the creditor himself or the chief of the creditor.
Step 7
If suddenly the creditor decided to abandon the claim, repeated appeal to the court on the same issue between the same persons is not allowed.
