Requirements for a creditor's application for opening bankruptcy proceedings (+ Template for a creditor's application for opening bankruptcy proceedings for a Legal Entity)
As you know, a bankruptcy case is opened by a commercial court at the request of a creditor or debtor. Let's consider the requirements for the creditor's application to open bankruptcy proceedings.
Requirements for the creditor's application to open bankruptcy proceedings
In accordance with Part 1 of Art. 34 of the Code of Ukraine on Bankruptcy Procedures , the application for opening bankruptcy proceedings is submitted by the creditor in writing and must contain:
the name of the commercial court to which the application is submitted;
the name of the debtor, his location, identification code of the legal entity;
the name or title of the creditor, its location or place of residence, the identification code of a legal entity or the registration number of the taxpayer's registration card, or the series and number of the passport (for individuals who, due to their religious beliefs, refuse to accept the registration number of the taxpayer's registration card and have reported this to the relevant supervisory authority and have a mark in the passport);
a statement of the circumstances that are the basis for applying to the court;
the list of documents attached to the application.
Also , the following is attached to the creditor's application for opening bankruptcy proceedings:
proof of payment of the court fee, except in cases where, according to the law, the court fee is not payable;
power of attorney or other document certifying the authority of the representative, if the application is signed by the representative;
evidence of the advance payment to the arbitration manager of three amounts of the minimum wage for three months of the exercise of powers;
evidence of sending a copy of the application and the documents attached to it to the debtor.
The creditor's statement, in addition to the information provided for in the first part of Art. 34 of the Code of Ukraine on Bankruptcy Procedures , must contain information on the amount of the creditor's claims against the debtor with a separate indication of the amount of the penalty (fine, penalty) to be paid.
The creditor's application may be based on the combined debt of the debtor for the totality of his various obligations to this creditor.
Creditors have the right to combine their claims against the debtor and apply to the court with one joint application. Such a statement is signed by all creditors who have combined their claims against the debtor.
Proposal regarding the candidacy of the arbitration manager
It should be noted separately that, as of now, the norms of Clause 2-1 of the Transitional and Final Provisions of the Code of Ukraine on Bankruptcy Procedures are still in force, according to which, until the date of the start of operation of the Unified Judicial Information and Telecommunication System, the appointment of an arbitration manager to perform the powers of a property manager or manager restructuring in case of initiation of bankruptcy (insolvency) proceedings is carried out taking into account the features specified in this paragraph.
The statement of the initiating creditor to open bankruptcy proceedings , in addition to the information provided for in the first part of Article 34 of this Code , must contain a proposal for the nomination of an arbitration manager to perform the powers of a property administrator .
The initiating creditor shall add to the application for the initiation of bankruptcy proceedings the application of the arbitration administrator specified in the second paragraph of this clause, on participation in the case, which must meet the requirements established by the third part of Article 28 of this Code.
The commercial court, when opening bankruptcy proceedings, appoints the arbitration manager specified in the second paragraph of this clause as a property manager or restructuring manager.
In the event that the initiating creditor's application for the opening of bankruptcy proceedings does not contain a proposal for the nomination of an arbitration administrator to perform the powers of a property manager, or the application for opening bankruptcy proceedings does not include a statement of this arbitration administrator's participation in the case, or for the reasons, determined by the third part of Article 28 of this Code , this arbitration administrator cannot be appointed as a property administrator, the appointment of an arbitration administrator to perform the powers of a property administrator is carried out by the commercial court independently from among the persons entered in the Unified Register of Arbitration Administrators of Ukraine, in accordance with the procedure that was in effect until putting this Code into effect by using an automated system.
Court fee for filing an application to open bankruptcy proceedings
According to Art. 4 of the Law of Ukraine "On Court Fees" , a court fee in the amount of 10 times the subsistence minimum for able-bodied persons is paid for filing a creditor's application to the commercial court to open bankruptcy proceedings.
As of November 2023, the court fee for filing a creditor's application to open bankruptcy proceedings is UAH 26,840.00.
Advancement of remuneration costs to the arbitration manager
As already mentioned, the creditor's application is accompanied by evidence of the advance payment to the arbitration manager of three amounts of the minimum wage for three months of performance of powers ( Part 2 of Article 34 of the Code of Ukraine on Bankruptcy Procedures ).
From the analysis of Part 2 of Art. 30 of the Code of Ukraine from bankruptcy procedures , it follows that the advance payment is made to the deposit account of the commercial court, which is considering the case.
As of November 2023, the advance payment of the arbitration manager's fee is in the amount of UAH 60,300.00.
Jurisdiction of bankruptcy cases
Article 2 of the Code of Ukraine on Bankruptcy Procedures defines the legislation regulating proceedings in bankruptcy cases. Yes, bankruptcy proceedings are regulated by this Code, the Economic Procedural Code of Ukraine , and other laws of Ukraine.
The application of the provisions of the Economic Procedural Code of Ukraine and other legislative acts of Ukraine is carried out taking into account the features provided for by this Code.
At the same time, according to Part 13 of Art. 30 of the Economic Procedural Code of Ukraine , cases provided for in clauses 8 and 9 of the first part of Article 20 of this Code are considered by the economic court at the location of the debtor.
At the same time , Clause 8, Part 1, Art. 20 of the Economic Procedural Code of Ukraine specifies that economic courts consider cases in disputes arising in connection with the implementation of economic activity (except for the cases provided for in the second part of this article), and other cases in cases defined by law, in particular: bankruptcy cases and cases in disputes with property claims against the debtor, in respect of whom bankruptcy proceedings have been opened, including cases in disputes over the invalidation of any transactions (agreements) concluded by the debtor; collection of wages; reinstatement of officials and employees of the debtor, etc.
Therefore, bankruptcy cases are considered by the commercial court at the location of the debtor, which is the exclusive jurisdiction.
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Templates of documents that may interest you
Statement on statement of requirements to the debtor in the bankruptcy procedure
Petition to terminate the powers of the debtor's manager (from the creditor)
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Date of publication: 20.11.2023