Why does a debtor organization that submits an application to the arbitration court about being declared bankrupt need to notify its counterparties about the fact?
About home economics
Golovna
Apparently, the initiation of bankruptcy proceedings is often accompanied by super fees in order to prevent many applicants from escaping.
The meta of the struggle is the promotion of one’s candidacy as a time-sensitive worker.
By virtue of clause 2.1 of Article 7 of the Law on Bankruptcy, the right to a settlement before the arbitration court rests with the bankruptcy creditor - a credit institution in the first place, no less than fifteen calendar days before the filing before the arbitration court, publication of a notice about us They will be angry because of the statement about the recognition of a bankrupt banker as included in the Unified Federal Register of Records of the Facts of Legal Activity.
It appears that the credit institution is required to go to the arbitration court only after the end of the 15-day period.
Chi so tse?
In judicial practice, there are two approaches of courts to the succession of undoubted benefits:
1) declare too much without ruin (Article 128 of the Arbitration Procedure Code of the Russian Federation).
It is clear that the public nature of the procedure can be explained by putting an additional pressure on the fighter by way of molding the negative huge thoughts as a legacy of his default.
It is possible that this is a new approach to the operational influx.
If you are a defender of information about your name to the bank (for example, rejecting a simple written complaint), unless you have tried a voluntary settlement, then there is no sense of waiting for judicial regulation.
Is it possible to make public information at this time? So, for example, in the resolution of the AS VPO dated January 24, 2017, in reference No. A28-8728/2015, it is stated: “The applicant’s evidence about the Bank’s failure to apply the pre-trial procedure to the guarantor for the purpose of extinguishing the debt is impossible, since at the time of the Bank’s pre-trial inside out the debtor was bankrupted by the Pershotravneviy District Court of the Kirov Township, having destroyed the proceeding of the Bank's call to reduce the disputed debt in a joint and several order from the principal and the guarantors, including from the Partnership. From the decision of the Pervomaisky District Court of the city of Kirov on November 13, 2015, in reference No. 2-735/2015, it appears that the Bank went to court with a summons on March 26, 2015, then at the time of filing the Bank before the arbitration court with an application (2 07/3/2015) about vimogi name the Bank." However, the publication does not intend to regulate the conflict between the creditor and the debtor on a court-by-court basis. Well, this procedure is different. 2) The function of informing persons about the fact of default for claims before credit institution
With this approach - once there is evidence to finish the last line - the arbitration court is not guilty of deleting the application without review, but rather “irresisting” it.
Abstract: based on court practice, which is formulated, credit institutions do not need to check for the end of the 15-day term, transferred to clause 2.1 of Article 7 of the Bankruptcy Law.
This gives those who are the most advanced among them the advantage.
Before the formation of a new practice similar to the “pre-stroke” animal bank, there is a clear understanding of misunderstandings that naturally emerge as a type of initiative only after the end of the term that I am discussing to be.
Having looked at the food, we came to this conclusion:
The organization that submits the claimant's application to the arbitration court is required to send copies of such application to the bankruptcy creditors, as well as to publish in advance a notification about the filing of the claimant's application in the Unified Federal Register of Activity Information and legal features.
The illegal organization of these obligatory duties, if the application is not submitted for the obligatory officer, is recognized as a basis for the cancellation of the application without failure.
Priming the crown:
Issues that arise from the failure of a debtor to satisfy the obligations of powerful creditors are regulated by October 26, 2002 N 127-FZ “On impossibility (bankruptcy)” (hereinafter referred to as Law N 127-FZ).
In arbitration practice, it has been repeatedly stated that the fact that a debtor has an unlawful claim to a creditor in itself (without the court establishing their size) does not confer on a person the rights of a bankruptcy creditor (see, for example, FAS Pivnichno-Caucasian district dated 08/19/2010 at the right N A61-1712/2008, FAS Central district dated 12/13/2010 N at reference No. A14-4428/2010/16/1b, Tenth Arbitration Court of Appeal dated September 12, 2013. N 10AP-6966/13 and in.).
Thus, the organization that submits the claim to the arbitration court is required to immediately inform only these of its counterparties about this fact, in front of which there are penny demands, confirmed by a court act.
It is clear that the publication does not address the need for the organization to publish “behind the scenes” information about the filing of the claim of the debtor.
The legislation does not transfer any special information about the non-violation of the debt collector for a sent copy of the debtor’s application and the publication of a notice about his duty.
Prote by virtue of Law No. 127-FZ, when the arbitration court, upon review of the application for the recognition of the debtor as a bankrupt, establishes that it has been filed for damages in accordance with Articles 37-41 of this Law, the court must praise the bankruptcy without hu.
The Plenum of the Supreme Arbitration Court of the Russian Federation in connection with this clarified that the claim of the defendant is in accordance with Law No. 127-FZ, but not all the necessary documents have been submitted (Article 38 of the Law), the court is subject to greater liability nnya The borzhnik will accept the application until it is processed.
and all daily documents are required within an hour of preparation before the ship's examination.
Since the brutalization of a fighter before the trial is not obligatory (Article 8 of the Law), the court, having established the presence of the necessary documents submitted to Article 38 of the Law, rejects the application without ruin, and if the assumptions are removed, the violation is reversed (clause 20 of the resolution lenumu YOU RF dated 07/23/2009 N 60 “On food actions related to employment” dated 12/30/2008 N 296-FZ “On amendments to the Federal Law “On insolvency (bankruptcy)”.
Dearly, it is important to note that the information about the submission of a claim by the debtor in the Unified Federal Register of Information about the facts of the activities of legal entities has been published since the 1st of June 2015 (subsequent changes have been made in dated December 29, 2014 N 482-FZ) that court practice did not develop.
The species has passed the bitterness test
Preparation material based on individual written consultation given as part of the service
12:33 27/02/2015
Bankruptcy is a procedure in which the interests of bankruptcies and creditors are at stake.
In the current economic climate, this topic is of particular importance.
The atmosphere has been clouded by the recently praised amendments to the law on bankruptcy by Law No. 482-FZ.
In light of the changes that began on June 29, 2015, this issue becomes especially relevant, as the current situation seriously affects the interests of the participants in the process.
About such changes themselves, as well as about those whose interests seek to destroy the law after the implementation of amendments, and there is more below.
Initiative is punishable Press service of JSC "Egorov, Puginsky, Afanasyev and partners"
As it happened before:
Previously, the debtor could almost immediately “seek” from creditors an initiative to prevent bankruptcy and recognize it for a period of caution (and this, as a rule, is not less than 7 months, established by Article 51 of the Bankruptcy Law) under the control of the mig: Do not interfere with the activities of the fighter under the hour of caution,.
conduct
financial analysis
in order that is friendly to the warrior and with friendly symbols,
.
effectively resist inclusion in the register of unsecured creditors,
. to help secure the property of the warden, before and after the introduction of precautions that could potentially cause harm,
. help bring out Maino Borzhnik,
During the transition period from June 29 to June 1, 2015, the debtor has the right to file a petition for declaring himself bankrupt in advance (at least 30 calendar days in advance) of notification in writing of all known creditors iv (clause 3 of Article 4 of Law No. 482- Federal Law).
Under this Law No. 482-FZ it is specially provided that, until the Ministry of Economic Development of Russia approves the procedure for establishing a self-regulatory organization of arbitration entities, including members of which may confirm the arbitration However, when submitting an application for protection, the praise of such a self-regulatory organization is taken into account by the court in sufficient order.
Risk of minimization or exclusion: The possibility of mischief here is with potential homeowners of the borzhnik and kerivnitsya as a result of a self-regulatory organization of arbitration kerivnits, recognizing the loyalty of a manager.
Thus, the risk of control of the guard by the security procedure is changed, but not completely disabled.
Initiative is punishable Without trial or investigation
Before amendments are made, all categories of creditors are subject to the following procedure:
1) to be brought to trial before the order of summons,
2) reject the decision of the court
3) check that you have reached the level of merit (after the completion of the line on the appeal or the confirmation of the decision by the court of appeal),
. 4) deprived of the last tax for the bankruptcy of the debtor.
After the amendments are made, banks can file for bankruptcy against their debtors without first going to court and revoking the decision that has gained legal force.
. The new version of the law on bankruptcy has a relaxation clause for creditors - credit institutions: the presence of a “suspended” superechka for filing an application for declaring a debtor bankrupt in this case is not required.
Moreover, this procedure applies to all categories of bank officials.
The new edition of paragraph 2.1 of Article 7 of the law on bankruptcy introduces a simple procedure for credit institutions to deal with the bankruptcy of the debtor:
2) after this credit institution can file for bankruptcy against the debtor.
Advantages for credit institutions: Now the bank can initiate the bankruptcy procedure for debtors without additional court procedures and, in most cases, the ability to initiate the bankruptcy procedure earlier for other creditors, having denied access to documents and mines fighter at the caution stage.
Get off the formalities!
Initiative is punishable Previously, the law did not have a framework for applying the bankruptcy procedure at any stage through the court’s ruling against the person who filed the bankruptcy application.
. The new edition of the law on bankruptcy establishes that the formal payment of the secured creditor and the debtor from the bankruptcy petition of the debtor, for his (the debtor's) actual payment capacity, is not legal.
As soon as I look at the bankruptcy certificate, the court, in the course of any procedure, will establish that the debtor and the creditor, who is a special person, have filed an application for declaring the debtor bankrupt, knowing that the debtor is a payer and may be required ransomed illegal taking of benefits In the event of a delay in the procedures that will result in bankruptcy proceedings, the court has the right to rule out the bankruptcy proceedings, so that until that moment the debtor will continue to be deprived of payment services and that this serves the interests of creditors.
The task is to fight against the evils on the side of the fighter: this is aimed directly at the fight against possible evils on the side of the fighter or against the new creditors (who, in the opinion of the legislator, will deal with him from the relationship), if the remaining for these and other reasons It will be important to provide assistance to the executor of bankruptcy procedures.
Deaky pouches
Regardless of the fact that only a small part of the amendments interfere with the interests of debtors and creditors in the bankruptcy procedure, it becomes clear that it is largely aimed at protecting the interests of creditors, first and foremost credit institutions.
It is possible that in the economic situation that has developed, banks have been included in the group of investors, since due to their influence and professionalism they can become shorter controlling creditors when carrying out the necessary procedures.
The importance of changes to the Bankruptcy Law is being instituted Beginning from 29 June 2015 rock, normie“About impossibility (bankruptcy)” will be discussed before bankruptcy procedures in a changed view.
Amendments were recently introduced by Federal Law dated 29 June 2014 No. 482-FZ.
It should be noted that a number of them are essential to change the practice of filing insolvency certificates. Zokrem, audits have recognized the rules about the right to bail before the court from a bankruptcy petition, the rules for recognizing a time-keeper in the event of bankruptcy of a debtor, the rights of external creditors. The law limits the rights of debtors to the benefit of creditors.
In this case, some creditors are transformed into a privileged position against others.
Below are the current changes introduced by Federal Law.
Banks may have the right to initiate bankruptcy without a court decision
Borzhnik has the right to independently select a candidate for a timely supervisor or a self-regulatory organization, with the help of members of which may be subject to confirmation. Subject to the new standards, the timely worker will be confirmed among the members of the self-regulatory organization, designated by the method of random selection.
The procedure for establishing a self-regulatory organization (by way of random election) may be established by a re-established government body
.
Until which self-regulatory organization is considered by the court at the time of filing the application of the defendant.
In addition, the claimant will later inform his/her creditors about the intention to file a bankruptcy petition. Please proceed in the same order and in the same terms as submitted to notify the credit institution of the intention to withdraw from the bankruptcy petition of the debtor. In this way, the practice excludes one of the ways for the debtor to maintain control over the bankruptcy procedure - initiating the procedure by the debtor himself.
Insanely, you will lose your friend - the bankruptcy is controlled by the application of a friendly creditor.
At the same time, this method loses in efficiency to the first, the fragments for filing such an application will require compliance with the decision of the court about the contraction of the Borg. Increased size is possible, as it is allowed to initiate bankruptcy and transition to external management.
Previously, they could only be heard in the course of security, as well as in the course of improvement and external management at various times during the implementation of the subject of the force.
In fact, creditors were reduced in their ability to fully participate in the procedure in the event that they were not included in the register of creditors at the time of the first collection of creditors, as well as in the event of bankruptcy of the debtor, which is liquidated .
It was reported that the visibility of the law is a guarantee of the protection of their interests.
Now stinks can be heard from the most nutritious foods.
When the assets of the debtor are replaced (created with the protection of the debtor's mine of one and several joint stock partnerships), according to the new standards, the statutory creditors are required to replace the subject of the debt: the replacement of the debtor's mine is subject to the right of the share ї created joint stock partnerships.
In the same way, the creditors denied the right to determine the initial sales price of the item of the item, the procedure for the conduct of auctions, the procedure for the safe preservation of the item of the item.
Before the bankruptcy certificates are violated, the provisions of the Federal Law “On Impossibility (Bankruptcy)” must be reviewed in the edition, what was in effect until the completion of the current procedure (care, financial recovery, external management, bankruptcy for the sake of the world).
The upcoming procedure will have new standards.
The culprit is the rules that expand the rights of arbitration officials to request information about the activities of the debtor, how to establish and carry out detailed bankruptcy procedures.
