Bankruptcy creditors: register and requirements

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Any enterprise that conducts business activities, in one case or another, can act as a debtor or creditor. In the first situation, everything is quite simple. Organizations owe money, within a specific period they must be transferred to its account. Along with this, the company may require external loans. They create accounts payable. Not always, unfortunately, the company is able to repay its obligations. In such cases, it may be declared bankrupt. In this process, among other persons, bankruptcy creditors participate. Consider their features.

Characteristic

Who are bankruptcy creditors? First of all, it should be said that these entities have certain differences from ordinary lenders. Consider an example. Enterprise A delivered products in the amount of 200 thousand rubles. Company B must transfer payment for an item it already has in stock. Until the second organization makes a deduction, the first enterprise acts as a creditor. Assume that Company B has not made the payment by the due date. In this case, she3 more months available. to pay off the obligation. If this period is also overdue, then enterprise A can submit an application to arbitration for obtaining the status of a bankruptcy creditor.

Regulatory framework

To understand who bankruptcy creditors are, one should refer to Federal Law No. 127. Article 2 defines two categories of participants in bankruptcy proceedings. All entities that have claims against the debtor act as ordinary creditors. These include various bodies (the Pension Fund, the tax office, to which mandatory contributions are made), and employees who have not received the due payments. The second category, defined by Art. 2 of the Law, - bankruptcy creditors. They are persons who have documentary evidence of the debtor's monetary obligations. Inclusion of the creditor in bankruptcy proceedings is carried out at his request. It must be submitted in a timely manner.

Register of creditors in bankruptcy proceedings

In a general sense, it is an accounting document. It contains information about creditors who have submitted applications for their claims. However, the arbitration must fix the participants in the proceedings. This is due to the fact that the claims of creditors in bankruptcy proceedings can be presented only within a certain period. It begins to flow after the publication of bankruptcy in official publications. From this moment, an inventory of the debtor's property is made. It will be auctioned off to satisfy claims.

Nuances

Inclusion in the register of creditors in bankruptcy proceedings is carried out on a voluntary basis. Claims of entities that have not submitted their applications will be declared canceled after the expiration of the established period. Accordingly, they are deprived of the right to receive the funds due. Needless to say, this situation is not uncommon in practice. Creditors may have their own reasons for not making a claim.

General meeting

12 Article of the Federal Law "On Bankruptcy" directly states that bankruptcy creditors, as well as representatives of bodies whose requirements are recorded in the register, can act as participants in the process. In this case, information must be entered into the documents based on the date of the general meeting. It is organized to develop common approaches to resolving issues during the bankruptcy process. In fact, the meeting implements the tasks of the collegiate body that controls the procedure.

Subject Rights

Bankruptcy creditors are considered key persons in bankruptcy proceedings. They have the right to:

1. Participate in the observation process.
2. Apply to arbitration with a request to replace the manager.
3. Participate in the recovery process of the enterprise, if assigned.
4. Submit an application for a change of procedure to arbitration.

It is necessary to clearly understand the meaning of the subjects in the process. Each claim of the creditor to the bankruptcy trustee is recorded inmeeting minutes. The entity with the most claims can play a decisive role in the appointment. Due to the fact that creditors act as the main participants in the meeting, they influence the decisions that are made during the discussion. Article 12 of the Federal Law "on bankruptcy" lists issues that are exclusively within their competence. At the same time, the norm emphasizes the fact that no one, except for the meeting, can make appropriate decisions.

Jump point

How does one become a bankruptcy creditor? In the practice of applying the rules there are explanations on this issue. The transition to the status of a bankruptcy creditor occurs from the moment of inclusion in the register by decision of the arbitration court. With regard to the division of rights between subjects, the following can be noted. Inclusion in the register by arbitration allows a person to become a participant in the proceedings. Otherwise, the subject remains within the bankruptcy procedure, but has fewer options. An ordinary creditor can protect its interests, while a competitive creditor can influence the process. Moreover, the latter can count on satisfaction of his claims in the first place.

Important moment

In practice, it is not uncommon for an enterprise to be indebted to several firms. In this case, the subjects choose the main creditor. To do this, the debt to him must be at least 10% of the total amount of obligations. In this case, the consent of the othercreditors.

Exceptions

Not all creditors can become competitive. Exceptions are provided for in the Bankruptcy Law. The list of entities that cannot count on obtaining the status is considered to be exhaustive. For example, creditors cannot be competitive:

1. Those who entered into a barter deal with the debtor.
2. Having mutual obligations.
3. Those who make non-property claims resulting from damage to he alth, life.
4. Provided intellectual services to the debtor, but they were not paid.

Extra

The following information is entered in the register of creditors:

1. Name of person.
2. Location address.
3. Account details.

A citizen can also act as a claimant. In this case, indicate:

1. Name.
2. Passport data.

The register also includes information about the debt. At the same time, the fact of its presence is confirmed by the relevant documents. After the information is entered, the subjects receive notifications. From this moment, the creditor may require an extract from the register from the manager. This document is provided within five days.

Conclusion

The bankruptcy procedure is a rather unpleasant process for all parties. However, if lenders want to get their money, they will have to participate. Please note that entering information intodocumentation is carried out in a certain order and within the established time limits. When filing claims, documentary evidence of their existence must be provided. These can be invoices, contracts, etc. The arbitration manager can establish a specific list of supporting materials.