In practice, various methods of debt collection are used, however, when they are not effective, they often resort to the debtor's bankruptcy procedure, after which the issue of returning the debts is resolved through the court.
It is necessary
- - a statement of claims against the debtor;
- - statement of claim to the Arbitration Court.
Instructions
Step 1
As practice shows, the bankruptcy of the debtor, in addition to the traditional steps in the debt collection procedure, allows you to follow such legal paths as: attracting directors and founders to personal financial responsibility for the debts of the enterprise, the sale of the property of the debtor company to reimburse financial debt to creditors, as well as return operations previously withdrawn assets from the accounts of the bankrupt enterprise.
Step 2
In the event that your debtor is declared bankrupt, one of the most important points is the timely monitoring of the existing debt and the immediate initiation of the funds procedure. Since, if there are court decisions on financial recovery from other creditors and the debtor himself is unable to satisfy these requirements, then the bankruptcy procedure remains the only possible instrument for recovering the debt.
Step 3
However, if both parties are interested in a peaceful solution of the issue, then at the pre-trial stage there is an opportunity to agree on debt restructuring and repayment according to a schedule that suits both parties. In the event that the debtor does not support such a proposal, then when applying to the court, you can attach a document confirming the creditor's desire to settle the dispute out of court.
Step 4
Draw up and file a statement of claim in court that the company has been declared bankrupt. This must be done immediately after the court decision on the recovery of funds enters into legal force. If the debtor or a dependent creditor outstrips you, the debt recovery procedure will become much more complicated, and in other words, it will become almost impossible.
Step 5
As for the queue of debt reimbursement to creditors, the satisfaction of financial claims takes place in strict accordance with the register, which is approved by the Arbitration Court during the proceedings.
