Bankruptcy creditors: registry and requirements

Any enterprise which conducts business activities in those or other cases, it may act as a debtor or creditor. In the first situation, it is quite simple. The organization needs money in a particular period they should be transferred to her account. Along with this the company can take foreign loans. Of them have liabilities. Not always, unfortunately, the company is able to repay its obligations. In such cases, it may be declared bankrupt. In this process, in addition to other individuals, engaged toKornye lenders. Consider their features.

Characteristics

Who are the Bankruptcy creditors? First and foremost it should be said that these entities have some differences from conventional lenders. Let's consider an example. A company has supplied goods to the amount of 200 thousand rubles, Company B needs to transfer the payment for the goods, which she has in stock. While the second organization does not produce a deduction, the first company acts as a lender. Suppose that in time, the company had not made a payment. In this case, she was given another 3 months. to settle the obligation. If this period expires, the entity A may send an application to the arbitration for the competition lender.

Regulatory framework

To understand what Bankruptcy creditors, refer to FZ №127. In the 2nd article defines two categories of participants in the bankruptcy proceedings. As all creditors are entities that have claims against the debtor. These include and the various authorities (Pension Fund, tax inspection, in which mandatory contributions are made), and employees who have not received the payments. The second category defined in the article 2 of the Law, - Bankruptcy creditors. As they are the persons having documentary proof of monetary obligation of the debtor. The Inclusion of a creditor in bankruptcy proceedings Made his claim. It is necessary to file in a timely manner.

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The Register of creditors in bankruptcy proceedings

In a General sense, it constitutes an accounting document. It provides information about creditors sending statements on existing claims. However, the arbitration must record the participants of the proceedings. This is because The claims of creditors in bankruptcy proceedings may only be brought within a certain time. He begins to run after the publication of the bankruptcy in the official publications. This moment is the seizure of property of the debtor. It will be sold at auction to satisfy claims.

Nuances

Inclusion in the register of creditors in bankruptcy proceedings is voluntary. The claim of subjects who have not submitted their applications after the deadline will be considered null and void. Accordingly, they lose the right to receive the money owed. It is worth saying that this situation in practice is not something rare. The creditors may have their own reasons not to make demands.

General meeting

Article 12 of the Federal law "On bankruptcy" States that as participants in the process there may be the creditor, as well as representatives of authorities, the requirements of which are reflected in the registry. This information should be made to the documents based on the date of the General meeting. It is organized to develop common approaches to addressing issues in the course of the bankruptcy process. In fact, the collection implements the objectives of the collegial body that controls the procedure.

The Rights of subjects

Bankruptcy creditors are considered key persons in the bankruptcy procedure. They are entitled:

1. Participate in the process of observation.
2. To Seek arbitration with the petition for replacement of Trustee.
3. Participate in the process of recovery, if he is appointed.
4. To send to the arbitration a statement of change procedure.

It is Necessary to clearly understand the significance of actors in the process. Each requirement of the creditor to the bankruptcy Trustee is recorded in the minutes of the meeting. A subject having more of all claims, can play a decisive role in the appointment. Due to the fact that the main participants of the meeting are the creditors, they affect the decisions that are made during the discussion. In article 12 of the Federal law "on bankruptcy" lists questions related exclusively to their competence. In this case, the norm is especially emphasized by the fact that no one but the meeting may not take decisions.

"transition Point"

How to retrieve the status of the bankruptcy creditor? In practice, the application of the rules has an explanation on this issue. The transition to the status of the bankruptcy creditor has been happening since inclusion in the register by the decision of the arbitration court. With regard to the division of rights between the subjects, the following can be noted. The inclusion in the register of arbitration allows the person to become a party to the proceedings. Otherwise, the entity remains in bankruptcy, but has lesspossibilities. A conventional lender can protect its interests and the competition – to influence the process. Moreover, the latter can count on the satisfaction of their claims in the first place.

Important point

In practice, there are often situations when the company is debtor to the several firms. In this case, the subjects choose the greatest creditor. For this debt he must be at least 10% of the total amount of the obligations. For going to arbitration in this case requires the consent of other creditors.

Exceptions

Not all lenders can become competitive. The exceptions provided for in the Law "On bankruptcy". The list of subjects who cannot count on receiving status, is considered to be exhaustive. Bankruptcy can be, for example, lenders:

1. Signed with the debtor barter transaction.
2. Having mutual obligations.
3. Making a claim non-material nature arising from damage to health and life.
4. Provided the debtor services related to intellectual work, but they have not been paid.

Details

In the register of creditors shall contain the following information:

1. The name of the person.
2. Location.
3. Account Details.

As a holder of claims may be a citizen. In this case, are specified:

1. Full name.
2. Passport information.

The registry also includes information about debt. The fact that its presence is confirmed by relevant documents. After entering the information, the entities receiving the notice. Since then, the lender can demand an extract from the register to the Manager. This document is provided within five days.

Conclusion

Bankruptcy – a rather unpleasant process for all parties. However, if lenders want to get their money, they will have to participate in it. Be aware that entering information into the documentation in a specific order and in a timely manner. When making a claim must submit documentary evidence of their presence. This can be invoices, contracts, etc Trustee in bankruptcy may set a specific list of supporting materials.