Do you have a debtor with respect to which open bankruptcy? We write a statement with monetary claims against the debtor

What to do if you or your company owes a debt to a legal entity in respect of which bankruptcy proceedings have been opened?

Firstly, you must know that you are the creditor of such a legal entity and must declare your creditor claims against it in the bankruptcy case, that is, submit an appropriate application to the economic court that opened the bankruptcy proceedings. But how and when to make such claims depends on when your monetary claims arose - to the opening of proceedings in the banurt case or after that, and you should also take into account whether your pennies are secured by a pledge of the debtor's property.

In accordance with Art. 1 of the Code of Ukraine from bankruptcy procedures (hereinafter referred to as the KUPP), the creditor is a legal entity or individual, as well as the controlling body authorized according to the Tax Code of Ukraine to take measures to ensure the repayment of the tax debt and arrears on the payment of a single contribution to compulsory state social insurance within their powers, and other state bodies that have claims for monetary obligations against the debtor, as well as the administrator for the issue of bonds, who, in accordance with the Law of Ukraine "On Capital Markets and Organized Commodity Markets", acts in the interests of bondholders who have confirmed documents of claims for monetary obligations to the debtor; secured creditors are creditors whose claims against the debtor or another person are secured by a pledge of the debtor's property; bankruptcy creditors - creditors for claims against the debtor that arose before the commencement of bankruptcy proceedings and the fulfillment of which was not secured by the pledge of the debtor's property; current creditors are creditors for claims against the debtor that arose after the commencement of bankruptcy proceedings.

Consider a situation when you are a bankruptcy creditor, that is, a creditor whose claims arose before the commencement of bankruptcy proceedings.

So, bankruptcy creditors with claims that arose before the opening of bankruptcy proceedings are required to submit to the economic court written applications with claims against the debtor, as well as documents that confirm, within 30 days from the date of the official publication of the announcement of the opening of the proceedings. bankruptcy. The countdown of the period for filing monetary claims of creditors against the debtor begins from the day of the official publication of the announcement of the commencement of bankruptcy proceedings (part 1 of article 45 of the KUPP).

Creditors with claims for the payment of wages, royalties, alimony, as well as claims for compensation for harm caused to the life and health of citizens, payment of insurance contributions for compulsory state pension and other social insurance have the right within 30 days from the date of the official publication of the announcement of the the opening of bankruptcy proceedings, submit to the economic court written statements with claims against the debtor, as well as documents confirming (part 2 of article 45 of the KUPP).

The official publication of the announcement of the commencement of bankruptcy proceedings is carried out on the website of the Supreme Economic Court of Ukraine (http://www.arbitr.gov.ua/pages/157). Therefore, the countdown of the 30-day period begins precisely from this date, and not from the date of the decision of the economic court to open bankruptcy proceedings, although sometimes these dates may coincide.

The composition and amount of creditors' monetary claims are determined in the national currency of Ukraine. If the debtor's obligations are determined in foreign currency, then the composition and amount of creditors' monetary claims are determined in national currency at the rate established by the National Bank of Ukraine on the date the creditor submits an application with monetary claims against the debtor. The creditors send copies of the relevant statements and documents attached to them to the debtor and the manager of the property (part 2 of article 45 of the KUPP).

The creditor's statement, in accordance with Part 3 of Art. 45 KUPP, should contain:

the name of the economic court to which the application is submitted;
the name of the debtor, its location, the identification code of the 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 notified the relevant supervisory authority about this and are marked in passport);
name or denomination of the creditor, its location or place of residence, the identification code of the 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 appropriate supervisory authority and have a mark in the passport);                                                                                              the amount of the creditor's claims against the debtor with a separate indication of the amount of the forfeit (fine, penalty)
a statement of the circumstances confirming the claims against the debtor and their justification;
information on the availability of the debtor's pledged property, which is a security for claims;
list of documents attached to the application.
The application must be accompanied by evidence of payment of the court fee, proof of sending a copy of the application to the debtor and the property manager, as well as documents confirming the monetary claims against the debtor.

The application is signed by the creditor or his authorized representative.

A sample application with monetary claims against the debtor can be downloaded here. The application will be filled in automatically with the data if you keep a register of your counterparties in the InstaDoc electronic document management system.

The Commercial Court is obliged to accept the creditor's application submitted in compliance with the requirements of this Code and the Economic Procedure Code of Ukraine, about which a ruling is issued, which indicates the date of the preliminary court session.

For filing an application of creditors who apply to the debtor with monetary claims after the announcement of the opening of bankruptcy proceedings, a court fee is paid at the rate of 2 the minimum subsistence level for able-bodied persons (part 2 of article 4 of the Law of Ukraine "On court fee").

What if you missed the 30-day deadline for filing monetary claims against the debtor?

According to Part 4 of Art. 45 KUPP, for creditors whose claims were declared after the expiration of the period established for their submission, all actions performed in the process are mandatory in the same way as they are mandatory for creditors whose claims were declared within the established period. Creditors' claims filed after the expiration of the time period established for their submission shall be satisfied in the order of priority established by this Code. Creditors whose claims are filed after the expiration of the term specified in the first part of this Article are competitive, but do not have the right to a decisive vote at the meeting and the creditors' committee. If the creditor has made claims after settlements with other creditors, then the funds paid to such creditors are not subject to return.

So, if you missed the 30-day deadline for filing your monetary claims against the debtor, this does not mean that your claims are extinguished or you will find yourself in another queue of satisfying your claims. Now the current Code proceeds from the priority of the interests of creditors and the only limitation, when missing the deadline for the statement of their claims, the Code determines the impossibility of having a decisive vote at a meeting or a committee of creditors.

A sample application with monetary claims against the debtor was prepared by lawyer Krasnokutskaya Natalya (Instagram @advocate_knn, Facebook instaADVOCATE).

The lawyer conducts legal advice on bankrupts:

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