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Extract from the register of claims of the debtor's creditors. The procedure for inclusion in the register of creditors' claims in bankruptcy

Contract
09.05.2020

The current situation in the country is unpredictable. Only yesterday the enterprises operated normally, but now the companies do not have the means to continue functioning in the market. It is for such situations that registers of creditors' claims have been created.

The concept of the register of creditors' claims

What should creditors do if bankruptcy proceedings have been initiated against the debtor organization? In order to assert their rights, a register of creditors' claims was created.

The register of creditors' claims is a kind of document that indicates all claims of creditors, such as fines, forfeit, interest and also information about the creditors who are included in this register.

Important points

According to article 189.87 Federal law"On insolvency (bankruptcy)" this document is required.

The creditor, in order to get into the register, must present all the documents that confirm that his bankruptcy claims are legal. The basis for entry into the register is judicial ruling.

The register of creditors' claims is kept arbitration managers or registrars.

The lenders decide to engage the registrar. This takes place at a meeting of creditors. After making a certain decision, the bankruptcy commissioner within 5 days draws up an agreement with the registrar. After that, data about him are submitted to arbitration within 5 days. The law Russian Federation only the written form of the register is provided. All data is entered into a table that displays the amount of claims and must be in rubles.

According to the law, the register must contain the following data:

  • Information about the creditor.
  • The amount of the claim.
  • Basis for collection Money.
  • Confirmation that the debt has been repaid.
  • The reason for the exclusion of the lender and the date of exclusion.

Deadlines for submission of documents

Applications for inclusion in the register are submitted for 30 days after the information about the debtor was published. The date of publication can be found in the filing cabinet of the arbitration court. This statement with all necessary documents submitted to the arbitration court. After that, a bankruptcy case is opened. If there is bankruptcy proceedings of creditors, then there is an opportunity to increase the period for submission of documents to 2 months.

If the creditor does not have time to submit documents before the date of the register closing, then he will be behind the register. In this case, his rights are limited, and the application to the arbitration court for the repayment of funds may be rejected.

Why it is necessary to include creditors' claims in the register on time

The reasons for the importance of timely inclusion in the register are:

  • Those requirements that are included in the register allow you to use it in a bankruptcy litigation following rights: the right to vote at meetings of creditors, be aware of the conduct of the bankruptcy case, the right to appeal against the decision of the arbitration court. If all documents were not submitted on time, then the creditor is deprived of the opportunity to use these rights.
  • Only creditors that are included in the register, are entitled to debt repayment... And those claims that are not registered will not be satisfied by the court.
  • The lender needs submit all requirements on time otherwise it will not be entered in the register.

Priority of Satisfaction of Creditors' Claims

According to the law, creditors' claims are satisfied according to certain rules. This rule is the order in which the requirements are submitted. There are 4 queues:

  1. First of all - these are people to whom the debtor has caused the most significant harm, namely: damage to their health or life. Also, this category includes people who have claims for causing moral damage.
  2. Second category includes claims about remuneration of employees of enterprises, payment of remuneration for intellectual activity.
  3. IN third stage includes creditors who have claims on obligations from contracts and payments that are related to the work of the company (taxes, fees). This queue includes all the claims of the creditor. If, before the debtor was declared bankrupt, all payments were not paid, then, according to the decision of the arbitration court, all debts are repaid out of turn. All claims are included in a separate register and they can be satisfied only if the main part of the debt is repaid, including the interest accrued on this amount.
  4. TO fourth stage include creditors with claims to satisfy the payment of interest, state duty and percent.

Procedure for inclusion in the register of creditors' claims

All creditors 'claims can be included in the register of creditors' claims only based on the decision of the arbitration court, which confirms the eligibility specified requirements... And claims that are related to remuneration or dismissal of company employees can be included by the person who draws up the claim, that is, the arbitration manager or registrar.

If the debtor is against filing an application for inclusion in the register, then on court session this issue is under discussion. On it, all parties tell the reasons for either the satisfaction of this document or against its satisfaction. After the court has weighed the pros and cons, a decision is made to include the creditor in the register of claims. This decision can be appealed within 10 days from the date of its adoption.

After the court has made a decision, the creditor and the debtor are considered participants in bankruptcy... The creditor can take part in the meeting, put forward his point of view on this case, has the right to receive funds that can be acquired as a result of the sale of the debtor's property in order to pay off the debt to the creditor.

By actively negotiating during the trial, the creditor can increase the amount of debt repayment, but otherwise he may not receive anything from the debtor at all.

An important role is played by the amount of money owed to the creditor. The smaller the amount, the less influential the creditor's participation in the litigation will be. And if it is large, then the creditor can increase the final amount of debt by a few percent.

Publication of the register of creditors' claims

According to the law, any information related to bankruptcy cases is published in the Kommersant newspaper. Also, all information is entered into the Unified federal register information. The information there is open to everyone and is updated regularly.

According to Article 16 of the Bankruptcy Law, only the participant of this register can obtain the information he needs about the register of creditors' claims. To do this, you must contact the bankruptcy commissioner with this request. Not later 5 days all necessary information about the lender.

If the two organizations have entered into an amicable agreement?

Wouldn't it hurt settlement agreement inclusion in the register of creditors' claims? After all, the debtor organization may not meet the deadline specified in the agreement for debt repayment and be subject to bankruptcy proceedings during this period. See the explanation in the video.

After the debtor has dealt with bankruptcy, he will have to satisfy the creditors 'claims entered in the register of creditors' claims, while observing the legally established sequence.

First of all, the claims of citizens who have suffered harm to life or health are satisfied (if it is the debtor who is responsible for this). Time payments due to them are capitalized, that is, they are calculated for several years in advance (clause 4 of article 134, clause 1 of article 135 of the Law of 26.10.2002 N 127-FZ - hereinafter Law N 127-FZ).

The second stage of the register of creditors' claims

The second priority includes claims for the payment of severance pay and wages, as well as for the payment of remuneration to the authors of the results of intellectual activity (except for those claims that are satisfied out of turn). This includes arrears on labor payments, formed on the date the debtor was declared bankrupt, including unpaid vacation pay, interest on salary payments later than the due date, etc. (Clause 1 of Article 136 of Law No. 127-FZ).

The sequence of creditors in bankruptcy within the framework of the second stage is as follows:

  • first, claims for the payment of severance pay and wages in an amount not exceeding 30 thousand rubles are extinguished. for each month for one person;
  • then - the rest of the claims for the payment of benefits and wages;
  • after - the requirements for the payment of remuneration to the authors of the results of intellectual activity (clause 5 of article 136 of Law N 127-FZ).

Also, in the second place, the requirements for the payment of insurance contributions for compulsory pension insurance are satisfied (clause 14 of the "Review of judicial practice on issues related to the participation of authorized bodies in bankruptcy cases ...", approved by the Presidium of the Armed Forces of the Russian Federation on 20.12.2016).

Note that claims for wages for the periods that expired before the initiation of bankruptcy proceedings, as well as severance payments due to persons dismissed before this date, are included in the register of creditors' claims in general order... But similar debts for the periods that have elapsed after the application for declaring the debtor bankrupt was accepted by the court refer to (clause 2 of article 136 of Law N 127-FZ, clause 32 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 22.06.2012 N 35) ...

Third stage of the register of creditors' claims

The third stage is the requirements of bankruptcy creditors and authorized bodies (clause 1 of article 137 of Law N 127-FZ). Within the framework of the third stage, the requirements are also satisfied in a certain sequence (clause 3 of article 137 of Law N 127-FZ):

  • first of all - the amount of the principal debt and the interest accrued on them;
  • then - forfeits (penalties, fines) and compensated damages in the form of lost profits.

Also, after settlements by queues, the head of the organization, his deputies, the chief accountant and some other persons holding managerial positions in the company in which the bankruptcy procedure has been introduced, are paid severance pay and compensations established by labor contracts with them (which are now being terminated), in part, exceeding the minimum payments in accordance with labor legislation (

1. The bankruptcy commissioner maintains the register of creditors' claims. Taking into account the specifics established by Clause 10 of Article 189.85 of this Federal Law, the specified register shall include information from the register of creditors' claims compiled by the provisional administration for managing the credit institution in accordance with Article 189.32 of this Federal Law, which is transferred to the bankruptcy commissioner in accordance with the procedure established by Article 189.43 of this Federal Law. law.

2. Unless otherwise provided for in this article, the bankruptcy commissioner's claims are included by the bankruptcy commissioner in the register of creditors' claims upon a written application of the creditor on the basis of a court decision, a court of arbitration, a ruling on extradition that has entered into legal force. writ of execution on the compulsory execution decisions of the arbitral tribunal or other judicial act, as well as on the basis of other documents confirming the validity of these requirements.

3. Claims of creditors under the contract bank deposit and (or) the bank account agreement may be included by the bankruptcy commissioner in the register of creditors' claims in the amount of the balance of funds in the account owed to the creditor, upon the written application of the creditor based on the information available in credit institution.

The creditor's claim under a bank deposit agreement and (or) a bank account agreement, which in accordance with the Federal Law "On Insurance of Deposits in Banks of the Russian Federation" has the right to receive insurance compensation, is included by the bankruptcy commissioner in the register of creditors' claims in the amount of the balance of funds on the account, exceeding the amount of the insurance indemnity due to the creditor.

(see text in previous edition)

Claims of creditors to whom the credit institution is responsible for causing harm to their life or health, as well as claims of creditors for payment of severance benefits and remuneration of labor of persons who work or worked under an employment contract, may be included by the bankruptcy administrator in the register of creditors' claims without a written statement from the creditor based on information available at the credit institution.

If the creditor's claims are included in the register of creditors 'claims without his written application on the basis of information available in the credit institution, the liquidator shall send within a period not exceeding five working days from the date of making the relevant entry in the register of creditors' claims, in the manner prescribed by paragraph 4 of Article 189.85 of this Federal Law, notification to the specified creditor.

Objections to the content of the said notice may be filed by the creditor, and also considered arbitration court in accordance with the procedure established by Article 189.85 of this Federal Law. Claims of creditors for which no objections are filed within the time period stipulated by Clause 5 of Article 189.85 of this Federal Law shall be deemed established in the amount, composition and priority of satisfaction, which are determined by the bankruptcy commissioner.

4. The creditor's claim is excluded by the bankruptcy commissioner from the register of creditors' claims on the basis of a ruling by the arbitration court, except for the case provided for by Clauses 10-12 of Article 189.85 of this Federal Law, or if the creditor has submitted written agreement to exclude his claim from the register of creditors' claims.

5. The register of creditors' claims must contain information about each creditor, the amount of his claims against the credit institution, the order of satisfaction of each creditor's claim, as well as the grounds for the creditor's claims.

A procedure provided for in a bankruptcy court case of a debtor. It is intended for the registration and accounting of creditors, their claims, as well as for the receipt and implementation by creditors of all rights provided for in the framework of measures in connection with the bankruptcy of the debtor.

The procedure for inclusion in the register of creditors' claims is mandatory for the latter. This is due to the fact that the beginning of bankruptcy with the introduction of supervision will suspend the current procedures for property and, possibly, pecuniary punishment, and it is permissible to declare new requirements only in accordance with the rules stipulated in accordance with bankruptcy legislation.

Despite the fact that for some debtors, given their status (banks, developers, Insurance companies, citizens) there are specific differences in the bankruptcy procedure, for the lion's share of debtors and creditors the rules are the same. The formation and maintenance of the register of creditors' claims is carried out mainly in accordance with Article 16 of the Bankruptcy Law.

How to go through the procedure for inclusion in the register of creditors' claims

Creditors learn about the initiation of a debtor's bankruptcy proceedings in different ways. Some of the creditors can himself become the initiator of such trial... Someone learns about bankruptcy from the debtor, and some from the media or in some other way. Be that as it may, already at the first stage - within the framework of the observation procedure - the appointed interim manager is obliged to identify all creditors and officially inform them about the introduction of supervision by publishing information in the Kommersant newspaper. The head of the debtor has a similar obligation, but it is limited by the need to notify only employees and property owners (participants, founders) of the organization.

With the introduction of supervision, the process of forming a register of creditors' claims begins:

  1. The register is maintained by an arbitration manager or a registrar (a professional participant in the securities market), attracted and elected by the meeting of creditors, and before the meeting - as a temporary administrator. The involvement of the registrar is mandatory if the number of creditors included in the register exceeds 500.
  2. Each creditor is included in the register on the basis of the submitted application and the submitted judicial act, which entered into force and determines the structure and amount of claims. The exception is the claims of creditors who are former and current employees of the debtor related to the payment of wages and other payments in connection with the performance of labor functions. To include them in the register, a statement is sufficient. And only if the debtor disputes the stated requirements, an additional court decision will be required.
  3. The register, in fact, is formed throughout the entire bankruptcy process. But in order to timely and fully use the granted rights, creditors must comply with deadlines filing an application for inclusion in the register. For cases of introduction of supervision, the period is 30 days from the date of official publication of information on the beginning of bankruptcy, for bankruptcy proceedings- 2 months. If the 30-day period is violated, the creditor will be deprived of the opportunity to participate in the meeting of creditors and make decisions. Missing a 2-month deadline can either push the creditor to the end of the line for the execution of the stated requirements, or even make it impossible to even claim to receive what is required in the bankruptcy case.

Application for inclusion in the register at the stage of observation

As soon as the arbitration court accepted the bankruptcy petition for consideration and introduced observation, which was published in Kommersant, the creditor has 30 calendar days to prepare an application for inclusion in the register of creditors' claims (hereinafter referred to as the register). At this stage, the main goal of the lender is not so much to enter the register, but to obtain the right to participate in the first meeting of creditors. This makes it possible to become an active participant in the bankruptcy case, and not watch what is happening from the outside.

The application is prepared in writing in a standard form and sent to the address of the arbitration court. The creditor must have a judicial act confirming the existence, composition and amount of the debt, as well as determine which line of creditors it belongs to (Article 134 of the Bankruptcy Law).

If the debt is "not wagered", the statement is also prepared to the address of the arbitration court considering the bankruptcy case. But instead of a judicial act, it is accompanied by documents confirming the existence of a debt and the grounds for inclusion in the register of claims. In terms of content, such a statement resembles a claim - you need to state your claims and prove their validity. Only after the court considers the application and the submitted materials, and recognizes the claims as justified, the creditor will be included in the register by the manager or registrar. The arbitration tribunal considers the application in the presence of the debtor and the creditor, listening to the opinions and arguments of the parties, if they have appeared in the process. Usually, if there is no objection on the part of the debtor, it takes one day. But in the presence of a dispute, the resolution of the issue can be delayed and turn into an almost full-fledged trial.

  1. The header contains information about the arbitration court, the applicant, his representative (if any), the debtor, the creditor and the temporary administrator.
  2. The descriptive (main) part must contain information:
  • about the case (number, when, by which court, on the basis of what and in respect of whom the bankruptcy case was initiated, as well as by what decision, when and by whom the observation procedure was introduced);
  • on the publication of information on the introduction of surveillance (date, newspaper, number, manager's data);
  • on the claims of the creditor (which, when, on the basis of what arose, in what composition and amount, how they are confirmed);
  • on the grounds for inclusion in the register and assignment to a certain queue (references to the provisions of the Bankruptcy Law).
  1. The specific requirement of the creditor for inclusion in the register (please include such and such requirements of the creditor (composition, size) of such and such a queue in the register).
  2. List of annexes to the application.
  3. Signature, date.

The list of attachments depends on the circumstances of the case. Be sure to attach:

  • a court decision on the introduction of surveillance;
  • copies of documents confirming the applicant's powers (passport of a citizen, certificates of INN, PSRN (OGRNIP), extract from USRIP (USRLE), etc.);
  • power of attorney of the representative (if any);
  • documents confirming the validity of the creditor's claims (judicial act or all available materials in confirmation of the debt and the existence of a claim);
  • progress and results information enforcement proceedings(if it was / is);
  • calculation of claims (composition, amounts);
  • documents confirming the delivery (direction) of copies of the application materials to the participants in the process.

As a rule, materials are prepared in 3 packages: for the court, the manager and the debtor.

Sample statements can be found below in this article and can be adapted to suit your needs. But in order to avoid difficulties with the preparation and problems with the acceptance of the application by the court, and, most importantly, the recognition of the requirements as justified, it is advisable to resort to the help of an arbitration lawyer. In most cases, it is the lawyers who prepare the full package of the document, including not only the application, but also the annexes to it. A lawyer can also act as a representative, taking complex responsibility for the issue of including the creditor's claims in the register. In order to save money, it is often enough to simply show a prepared set of documents to a specialist for analysis and evaluation. Such a legal opinion and the recommendations provided will not be superfluous.

After consideration of the application, the creditor will either be included or not included in the register. In the latter case, the court ruling can be appealed against. If included in the register, all further information about the progress of the case will come to the creditor from the manager and the arbitration court at the address indicated in the application.

Inclusion in the register at the stage of bankruptcy proceedings

If the creditor was previously included in the register, he is not required to reapply. But it so happens that the bankruptcy case immediately goes to bankruptcy proceedings, or the creditor did not manage to get into the register until the beginning of the last stage. Here, the period for inclusion in the register is 2 months, while the delay of the 30-day period does not affect the adoption by the court of a positive or negative decision.

The register of creditors' claims in the framework of bankruptcy proceedings is formed somewhat differently than at the observation stage:

  • the bankruptcy commissioner keeps the register;
  • all those who were already present in the registry are automatically saved in it;
  • grounds for inclusion in the register - a statement and a judicial act confirming the requirements (their validity);
  • the statement should be amended to reflect that the bulk of the samples would involve preparation at the observation stage.

Otherwise, there are no fundamental differences.

The main goal of being included in the register at the stage of bankruptcy proceedings is to be among those creditors who will be settled following the completion of the bankruptcy case. There is no longer a question of a special influence on the process, the main thing is to get at least part of the debt, but better, of course, everything. A delay in filing an application is fraught with the fact that the creditor will be at the end of the list of applicants or will not be included in it. After 2 months, the register is closed.

1. The register of creditors' claims is kept by the bankruptcy commissioner or registrar.

The register of creditors' claims as a registrar is maintained by professional participants in the securities market who maintain a register of securities owners.

The registrar is obliged to carry out its activities in accordance with federal standards concerning the content and procedure for maintaining the register of creditors' claims.

2. The decision to involve the registrar in the maintenance of the register of creditors' claims and the choice of the registrar shall be made by the meeting of creditors. Before the date of the first meeting of creditors, the decision to involve the registrar in maintaining the register of creditors' claims and the choice of the registrar is made by the interim manager.

The decision of the creditors' meeting on the choice of the registrar must contain the amount of payment for the registrar's services agreed with the registrar.

If the number of bankruptcy creditors whose claims are included in the register of creditors' claims exceeds five hundred, the involvement of the registrar is mandatory.

3. Not later than five days from the date of the choice of the registrar by the meeting of creditors, the bankruptcy administrator shall be obliged to conclude an appropriate agreement with the registrar.

An agreement with the registrar can be concluded only if he has a liability insurance agreement in the event of causing losses to persons participating in the bankruptcy case.

The information about the registrar must be submitted by the arbitration manager to the arbitration court no later than five days from the date of the conclusion of the contract.

Payment for the services of the registrar is carried out at the expense of the debtor, unless the meeting of creditors has established another source of payment for the services of the registrar.

4. The registrar is obliged to compensate for losses caused by non-performance or improper performance duties provided for by this Federal Law.

In the event that the maintenance of the register of creditors 'claims is transferred to the registrar, the arbitration manager is not responsible for the correctness of the register of creditors' claims and is not responsible for other actions (inaction) by the registrar that cause or may cause damage to the debtor and his creditors.

5. In the register of creditors 'claims, creditors' claims are recorded in the currency of the Russian Federation. Creditors 'claims expressed in foreign currency are recorded in the register of creditors' claims in the manner prescribed by Article 4 of this Federal Law.

6. Creditors 'claims are included in the register of creditors' claims and are excluded from it by the arbitration manager or registrar solely on the basis of judicial acts that have entered into force establishing their composition and size, unless otherwise specified in this paragraph.

Claims for the payment of severance pay and (or) for remuneration of persons who work or have worked under an employment contract are included in the register of creditors' claims by the bankruptcy commissioner or the registrar upon the submission of the bankruptcy commissioner, and if these claims are contested, on the basis of a judicial act establishing the composition and the size of these requirements.

Claims for the payment of severance pay and (or) for the remuneration of persons who work or worked under an employment contract are excluded from the register of creditors' claims by the arbitration manager or registrar solely on the basis of judicial acts that have entered into force.

If the register of creditors' claims is maintained by the registrar, judicial acts that establish the amount of creditors 'claims are sent by the arbitration court to the registrar to include the relevant claims in the register of creditors' claims.

7. The register of creditors 'claims shall contain information about each creditor, the amount of his claims against the debtor, the order of satisfaction of each creditor's claim, as well as the grounds for the occurrence of creditors' claims.

When making claims, the creditor is obliged to indicate information about himself, including the last name, first name, patronymic, passport data (for natural person), name, location (for legal entity), as well as bank details (if any).

In the event that, in a debtor's bankruptcy case, the interests of creditors - bondholders are represented by a certain in accordance with the legislation of the Russian Federation on securities a representative of bondholders or a depository carrying out centralized accounting of rights to bonds, the register of creditors' claims shall contain information about overall size claims of the said creditors and information about such a representative of the bondholders or about such a depository. Information about each creditor - the owner of the bonds is not specified.

7.1. The claims of bankruptcy creditors for obligations secured by the pledge of the debtor's property are recorded in the register of creditors' claims as part of the claims of third-priority creditors.

8. A person whose claims are included in the register of creditors' claims is obliged to promptly inform the bankruptcy commissioner or registrar of changes in the information specified in clause 7 of this article.

In case of failure to provide such information or its untimely submission, the arbitration manager or the registrar and the debtor shall not be liable for the losses caused in this connection.

9. The bankruptcy commissioner or registrar is obliged, at the request of the creditor or his authorized representative, within five working days from the date of receipt of such a request, to send to this creditor or his authorized representative an extract from the register of creditors' claims on the amount, composition and order of satisfaction of his claims, and if the amount owed to the creditor is at least one percent of the total accounts payable, send to the given creditor or his authorized representative a copy of the register of creditors' claims, certified by the arbitration manager.

The costs of preparing and sending such an extract and a copy of the register are the responsibility of the lender.

10. Disagreements arising between bankruptcy creditors, authorized bodies and the arbitration manager, about the composition, amount and priority of satisfaction of creditors' claims under monetary obligations or about payment mandatory payments are considered by the arbitration court in the manner prescribed by this Federal Law.

Disagreements on the claims of creditors or authorized bodies, confirmed by a court decision that entered into legal force in terms of their composition and size, are not subject to consideration by an arbitration court, and statements of such disagreements are subject to return without consideration, with the exception of disagreements related to the execution of judicial acts or their revision ...

11. Disagreements arising between the representative of the debtor's employees and the insolvency administrator and related to the sequence, composition and amount of claims for the payment of severance pay and remuneration of persons working under labor contracts are considered by the arbitration court in the manner prescribed by this Federal Law.

Labor disputes between the debtor and the debtor's employee are considered in the manner determined by labor legislation and civil procedure legislation.