In practice, different methods are usedDebt recovery, however, when they are not effective, they often resort to the bankruptcy procedure of the debtor, after which the issue of the return of debts is resolved through the court.
You will need
- - Statement of claims to the debtor-
- - statement of claim to the Arbitration Court.
As practice shows, bankruptcy of the debtor,In addition to the traditional steps in the procedure for collecting debt, allows you to go in such lawful ways as: attracting directors and founders to personal financial responsibility for Debts Enterprises, sale of the debtor company's property for reimbursement of financial debts to creditors, as well as operations for the return of previously withdrawn assets from the accounts of the bankrupt enterprise.
In the event that your debtor is declaredBankrupt, one of the most important moments is the timely monitoring of existing debts and the immediate initiation of the procedure for cash. Since if there are court decisions on financial recovery from other creditors and the debtor himself is not able to satisfy these demands, the bankruptcy procedure remains the only possible instrument for repaying the debt.
However, if both parties are interested in a peacefulThe solution of the issue, then at the pre-trial stage there is an opportunity to agree on debt restructuring and repayment on a schedule that suits both parties. In the event that the debtor does not support such a proposal, when applying to the court, you can attach a document confirming the desire of the creditor to settle the dispute in a pre-trial order.
Compile and file a lawsuit with the court onThat the enterprise is declared bankrupt. This must be done immediately after the court decision on the collection of the funds enters into legal force. If the debtor or the creditor dependent on it is ahead of you, then the procedure for repaying the debt will become much more complicated, and in other words it will become almost impossible.
As for the queue for reimbursement of debts to creditors, the satisfaction of financial claims occurs in strict accordance with the register, which is approved by the Arbitration Court during the proceedings.