Applications of the debtor, creditor on the application of the rehabilitation procedure

Jurisdiction.

In accordance with paragraph 1 of Article 27 of the CPC, cases on the rehabilitation of legal entities are under the jurisdiction of specialized interdistrict economic courts. According to the requirements of Article 29 of the CPC, claims are filed in court at the location of the debtor, a legal entity.

The circle of persons involved in the case.

The applicant (debtor) is a legal entity that is a commercial organization, which, if it is possible to restore solvency and prevent the occurrence of insolvency, has the right to apply to the court for the application of a rehabilitation procedure.

A creditor is a person who has property claims against the debtor arising from his civil and other obligations, taxes and other mandatory payments to the budget.

The defendant is a debtor (according to the statement of the debtor himself is not provided).

The Creditors' Committee is a representative body of creditors elected by the creditors' meeting in rehabilitation and bankruptcy proceedings.

The authorized body is a state body that carries out state regulation in the field of rehabilitation and bankruptcy.

Temporary administrator is a person appointed in accordance with the established procedure during the consideration of cases in court and the conduct of rehabilitation or bankruptcy proceedings.

Circumstances to be established for the proper resolution and consideration of the case.

When considering cases in this category, courts should establish:

- is there a decision by the debtor (the owner of the property, the body authorized by him, the founders, participants) to apply to the court for rehabilitation;

- the validity of the debtor's or creditor's conclusion about the debtor's insolvency;

- is there a possibility of restoring the debtor's solvency;

Rehabilitation procedure is a procedure introduced in court, in which reorganization, organizational, economic, managerial, investment, technical, financial, economic, legal and other measures aimed at restoring the debtor's solvency in order to prevent its liquidation are applied to an insolvent debtor.

Rehabilitation procedures are not applied to individual entrepreneurs and peasant (farm) farms.

The basis for applying for a rehabilitation procedure is his insolvency or the threat of insolvency, when the debtor will not be able to fulfill monetary obligations when they become due in the next twelve months, if there is a possibility of restoring solvency. The threat of the debtor's insolvency should be understood as a state of his solvency, when in the near future he may be unable to fully satisfy creditors' claims for monetary obligations. The possibility of restoring the debtor's solvency should be understood as the existence of a set of interrelated real measures aimed at improving the debtor's financial activities and carried out on the basis of mutual agreement between the debtor and creditors, a group of homogeneous creditors.

To apply the rehabilitation procedure, two signs must be present simultaneously: 1) the debtor's insolvency or the threat of his insolvency; 2) the real possibility of restoring his solvency.

A rehabilitation procedure can also be applied in an initiated bankruptcy case. In this case, the rehabilitation plan must be developed by the debtor together with creditors, and it must be approved by the court within three months from the date of entry into force of the decision on the application of the rehabilitation procedure. The initiation of proceedings on the application of the rehabilitation procedure is not a reason for the termination of proceedings in which the debtor acts as a defendant. The issue of the enforcement of these decisions, along with other court decisions that have entered into force before the decision on the application of the rehabilitation procedure is made, is resolved in accordance with the procedure established by articles 32 and 50 of the Law "On Rehabilitation and Bankruptcy".

A court decision on the application of a rehabilitation procedure against a debtor is also not a reason for the termination by the courts of proceedings in previously initiated cases in which the debtor acts as a defendant. The claims of creditors, whose monetary obligations arose both before and after the introduction of the rehabilitation procedure, are considered by the courts in a general manner.

The consequences of initiating a rehabilitation procedure case, established by articles 50 and 68 of the Law on Rehabilitation and Bankruptcy, are mandatory.

The list of the main documents attached to the statement of claim

In accordance with the requirements of Article 149 of the CPC, including documents confirming the circumstances on which the applicant bases his claims.:

- documents confirming the debtor's insolvency;

- contracts, reconciliation reports, debt repayment schedules concluded with all counterparties;

- a list of creditors indicating the amount of debt (with a breakdown of the principal debt, penalties and fines), the date of its formation and a breakdown by groups of homogeneous creditors;

- information about the obligations of the debtor, the deadline for which has not arrived;

- calculation of all accounts receivable, indicating the date of their occurrence, the name of each debtor, with a breakdown of the principal debt, penalties and fines;

- a list of movable and immovable property with an indication of their book value, whether they are pledged, leased and (or) leased;

- information about money held in bank accounts, account numbers and location of banks;

- the decision of the debtor's body (the owner of the property, the body authorized by him, the founders, participants) to apply to the court for the application of this procedure;

- financial statements for the last three years and at the time of filing the application, tax reports on all obligations of the debtor for the specified period;

- minutes of the creditors' meeting on remuneration, at which their representative was elected by secret ballot to participate in the bankruptcy case;

- the conclusion of the authorized body responsible for the management of natural monopolies and regulated markets, in cases where the debtor is a natural monopoly entity;

- the conclusion of the antimonopoly authority, if the debtor is a market entity that occupies a dominant (monopoly) position in the relevant commodity market;

- information on claims against the debtor accepted for production by the courts, as well as claims submitted for undisputed cancellation.

If a claim is made by the creditor:

- documents confirming the sending of copies of the creditor's application and the documents attached to it to the debtor and the authorized body;

- the debtor's obligations to the creditor, as well as the existence and amount of debt on these obligations;

- the validity of the creditor's claims (enforcement documents, court decision, or written recognition by the debtor of the creditor's claim);

- documents confirming that the debtor is absent, in cases of filing an application for declaring the absent debtor bankrupt;

- evidence confirming the creditor's handling of claims against the debtor;

- information known to the creditor about the debtor's property;

- other circumstances on which the creditor's application is based

Laws to be applied in the consideration and resolution of cases

The Constitution.

GK.

GPC.

The Business Code

The Tax Code.

The Law of March 7, 2014 No. 176-V "On Rehabilitation and Bankruptcy".

Regulatory Resolution of the Supreme Court of October 2, 2015 No. 5 "On the practice of applying legislation on rehabilitation and bankruptcy"

 

 

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