The creditor's application for inclusion in the register of creditors. Priority of the satisfaction of claims of creditors

If a legal entity is insolvent, its forced liquidation is made. All entities that provided funds or assets to the bankrupt company may announce their claims. To do this, each of them should write a creditor's application for inclusion in the register of creditors. The article will deal with the procedure of bankruptcy and the observance of the principle of priority when demanding the return of money invested in the company.

What is the priority for forced liquidation?

Termination of the activities of a legal entity can occur in two ways:

- voluntarily;

- Forcibly.

The second way actually means that the company went bankrupt.

Most of the active organizations have current debts, which first arise and then are repaid as the funds are received. If, for some reason, business owners who are founders decide to voluntarily terminate the company's activities, they will pay the debts themselves during the liquidation process. In such circumstances, the succession of payment of debts is determined by the founders themselves.

The situation changes when a legal entity is declared insolvent by an arbitration court. With this type of liquidation, the law prioritizes the payment of debts. It, in fact, means the following:

• Requirements will be satisfied only in the order established by law.
• Powers in the competitive process will be divided among creditors.

Features of the procedure

The order of satisfaction of creditors' claims is established only for those persons whose details are included in the register. The law divides creditors into two categories:

A) Ongoing, not participating in bankruptcy. These include persons who filed claims before the procedure or whose requirements are included in the list of compulsory payments, even if filed after the submission of an insolvency application (FTS, FIU). They are not included in the register of creditors.

B) Creditors participating in bankruptcy, from which the queue for satisfaction of claims was drawn up (formalized the creditor's application for inclusion in the register of creditors).

General Principles of Priority

Movement in the creditors' queue is strictly regulated by law. The main points here are:

• The arbitral tribunal determines the value of the queue and its participants.
• Within one queue (for example, the second), the creditor's claim is satisfied in the calendar sequence. Priority inside is not.
• Satisfaction of obligations is made after the completion of settlements with creditors of a higher priority. This norm, however, has one exception. If the obligations of any creditor are secured by a collateral, then they can be satisfied immediately after the sale. If such obligations can not be satisfied from the mortgage assets, then the lender will have to wait for the fourth turn.
• If the property is insufficient, then within one turn each creditor will receive an amount proportional to the requirements entered in the register.

The liquidation commission through the arbitration court can pay off claims if:

- the debtor did not have the property to satisfy all the requirements;

- the liquidation commission did not recognize the claims of the creditor because of the court decision, in which it was refused satisfaction;

- the liquidation commission did not recognize the creditor's claims because the latter did not apply to the court.

How is the priority for current payments formed?

Current payments are repaid in the first place, they do not require a creditor's application for inclusion in the creditors register. However, we will have to wait here. The first stage consists of:

- remuneration of the receiver;

- court expenses on conducting business about bankruptcy;

- payment of other persons involved for conducting bankruptcy proceedings.

The second stage includes:

- Remuneration of persons who worked under employment contracts;

- remuneration of labor of persons attracted to the case by the bankruptcy trustee.

The third stage includes requirements formed from payments of a communal and operational nature.

In the fourth stage, the remaining payments of the current nature were made.

How is the payment queue formed?

The order of satisfaction of claims of creditors is formed as follows.

The first stage includes:

- the requirements of those persons whose health and lives are harmed (they are obliged to compensate the debtor for moral damage) ;

- claims for compensation of the damage caused by violation of safety rules during construction and operation of the building, due to damage or destruction of the facility, etc.

The second line contains:

- payment of labor to persons who worked under an employment contract, which is entitled severance pay or remuneration for intellectual labor.

The third line contains:

- Mandatory payments (taxes, excises) and deductions to off-budget funds.

Finally, the fourth turn includes all other creditors.

How is the register formed?

A creditor's application for inclusion in the register of creditors may be filed within two months after the debtor is declared bankrupt. Each appeal must be accompanied by supporting documents, which reflect the amount of debt with penalties and fines. They are considered by the bankruptcy trustee.

If you want to get into the register of creditors, the sample of the application can be drawn up on the basis of the statement of claim in arbitration. It is recommended to state consistently all the circumstances of the emergence of debt. If the creditor is not included in the register, he has the right to appeal to arbitration with a complaint about the actions of the liquidators.

The list is kept by the registrar, who performs, in fact, technical work, only fixing the information received from the manager. It records information about each creditor, information on the amount of obligations and the basis for their occurrence, as well as on the queue to which the applicant is placed.

After two months, the register of creditors is closed. Russian legislation, at the same time, does not provide for an opportunity to extend this period, whatever good reasons are given.

The final stage

Settlements with creditors are made by the bankruptcy trustee on the basis of a list of such persons. When the funds are received, all debts are extinguished in strict accordance with the order.

If money to the creditor can not be transferred it is possible to use the deposit of that notary who is in the place of location of the creditor. If the funds are not in demand within three years, they will go to the federal budget.