The conceptual apparatus (bankruptcy, bankrupt enterprise, bankruptcy procedure) is regulated by the Federal Law "On Insolvency (Bankruptcy)" of the Russian Federation. Bankruptcy is a compulsory liquidation procedure of a debtor enterprise with the subsequent sale of property in the interests and under the control of creditors and investors.
Instructions
Step 1
Remember that both a legal entity and an individual can be declared bankrupt. Declaration of bankruptcy of an enterprise is possible if it is impossible to satisfy the monetary claims of creditors, if the corresponding obligations were not fulfilled after three months from the moment when they should have been completed. Submit to the arbitration court evidence that the debtor company knows about your claims, but does not comply with them.
Step 2
You need to initiate a bankruptcy case to receive funds. How can they be returned? First, get a court decision declaring the company insolvent (bankrupt). First, a procedure such as observation will be carried out - it is used in order to preserve the property of the debtor, analyze the financial situation at the enterprise and other necessary procedures. The amount of monetary obligations required to be paid will be determined at the time of filing an application to the court.
Step 3
Next, bankruptcy proceedings will begin, during which a bankruptcy account is opened, on which the debtor's funds are located. And then from this account payments are made to creditors according to the rules of priority (according to the Civil Code of the Russian Federation). Ensure that your claims are entered in the register of creditors' claims (to do this, submit a written application to the arbitration court considering the case). Otherwise, your rights to monetary claims will not be taken into account when the debtor organization disburses funds. When drafting your requirements, follow the rules that usually apply to a claim.
Step 4
There are situations when there is not enough money on the bankrupt enterprise's account to pay off debts to all creditors. Then, in order to satisfy the interests of creditors who are in one line, the money is to be distributed among all, in accordance with the proportions of the amounts of claims.
