In practice, different methods are useddebt collection, however, when they are not effective, often resorting to bankruptcy of the debtor, then the return of debts is solved through the courts.
You will need
- - A statement of requirements dolzhniku-
- - A statement of claim to the Arbitration Court.
As practice shows, the bankruptcy debtor,in addition to the traditional steps in the procedure of debt collection, lets go by such lawful means as to attract directors and founders to personal financial responsibility for debts businesses, the sale of property of the debtor company to reimburse financial debt to creditors, as well as operations to return the previously withdrawn from the accounts of assets of the bankrupt company.
In that case, if your debtor is declaredbankrupt, one of the most important things is timely monitoring of existing debt and the immediate initiation of funds procedure. Because if there are court decisions on the financial recovery of other creditors and the debtor can not meet these requirements, the procedure of bankruptcy remains the only possible tool for debt repayment.
However, if both sides are interested in the peacedeciding that the pre-trial stage, it is possible to agree on debt restructuring and repayment schedule that suits both parties. In that case, if the debtor does not support such a proposal, with reference to the court, and you can attach a document certifying the creditor's pursuit of court settlement of the dispute.
Make and file a claim in court forthat the company declared bankrupt. It must be done immediately after the court decision on recovery of funds will come into force. If you overtake the debtor or a dependent of his creditor, the debt recovery process is much complicated, in other words would be virtually impossible.
As for the recovery of debt to creditors queue, the satisfaction of financial claims takes place in strict compliance with the registry, which is approved by the Court of Arbitration in the proceedings.