How independently include debt into the register of creditor requirements?
The question of how it is right to include requirements into the register of creditor requirements arises at everyone, whose debtor declared the bankruptcy.
Inclusion of requirements into register is the first step of creditor participation in bankruptcy procedure and only after that creditor gets the right to participate on meetings of creditors, on the appeal of arbitration manager actions and so on.
If concerning your debtor bankruptcy procedure is raised, then you need to know 3 following important things:
First, requirements are included into the register of creditor requirements on the basis of arbitration court decision, which considers bankruptcy case;
Second, requirements could be submitted in a very short term – one month since publication date in procedure of supervision and in simplified procedure of competitive production and two months in usual procedure of competitive production.
Paying your attention, that the closing term of the creditor requirements register is preclusive and it is not the subject to reinstatement.
Third, it is necessary to provide full justification of requirements, including contracts, payment orders, the delivery-acceptance certificates, necessary calculations and so on.
Technical requirements are included into the register of creditor requirements as follows:
First, declaration for requirements inclusion into the register of creditor requirements should be prepared.
In this declaration the size of requirements and the basis of debt appearance should be specified.
Remember, that the arbitration manager and also other creditors have the right to declare objections concerning your requirements as regarding the sum, which you submitted, as in general regarding existence of the right to require money.
Second, this declaration is sent to arbitration court, which is considering bankruptcy case.
If you make requirements in procedure of external management or competitive production, then arbitration manager is obliged to inform about it all creditors, who are already included into the register of creditor requirements.
According to the article 100 of the Bankruptcy Law in this case the creditor is obliged to compensate arbitration manager expenses on the notification of other creditors. That is why it is advisably for you, as soon as you know about requirement declaration, immediately spend inquiry to arbitration manager.
Usually expenses on notice are 200-500 rubles, depending on number of creditors.
Pay your attention, that if you for some reason did not receive answer from arbitration manager on time, anyway declare requirements in court and the payment order you will bring later. Remember, that terms of requirements declaration are not reinstated.
Having received assessment of arbitration court about inclusion of your requirements into the register of creditor requirements, you have the right to participate in meetings of creditors and, depending on the share of your voices, to define further destiny of debtor.
For example, you can demand carrying out creditor meetings and providing of information and documents from competitive manager, to express in relation to arbitration manager a vote of no confidence and so on.
However, the mechanism of creditor interest protection in the bankruptcy case is a big, separate subject, which you can understand, for example, during consultation.