Corporate law. Proceedings of bankruptcy cases in an arbitration court (the most important)

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Corporate law. Proceedings of bankruptcy cases in an arbitration court (the most important)

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31. Proceedings of bankruptcy cases in an arbitration court

Proceedings of bankruptcy cases in the arbitration court are carried out in a special order. The peculiarities of the arbitration process when considering bankruptcy cases of a legal entity are established by the Bankruptcy Law. Cases on bankruptcy of legal entities are considered by the arbitration court at the location of the debtor. An application for declaring a debtor bankrupt is accepted by an arbitration court if the claims against the legal entity in the aggregate amount to at least 100 thousand rubles and the specified claims are not fulfilled within three months from the date when they should have been fulfilled. A bankruptcy case cannot be referred to an arbitration court.

The persons participating in the bankruptcy case are:

1) the debtor;

2) arbitration manager;

3) bankruptcy creditors;

4) authorized bodies;

5) federal executive authorities, as well as executive authorities of the constituent entities of the Russian Federation and local governments at the location of the debtor in cases provided for by the Bankruptcy Law;

6) the person who provided the security for financial rehabilitation.

The following persons are involved in bankruptcy proceedings:

1) a representative of the debtor's employees;

2) a representative of the owner of the property of the debtor-unitary enterprise;

3) a representative of the founders (participants) of the debtor;

4) a representative of the creditors' meeting or a representative of the creditors' committee;

5) other persons in cases provided for by the Arbitration Procedure Code of the Russian Federation and the Bankruptcy Law.

When preparing a case for trial, the arbitration court considers applications, complaints and petitions of persons participating in the bankruptcy case, establishes the validity of creditors' claims, and exercises other powers. At the request of the persons participating in the bankruptcy case, the arbitration court may appoint an expert examination in order to identify signs of fictitious or deliberate bankruptcy. The arbitrator may take steps to reconcile the parties. The implementation of such measures cannot be grounds for suspending bankruptcy proceedings. The term for consideration of a bankruptcy case is set at 7 months.

Based on the results of consideration of the bankruptcy case, the arbitration court adopts one of the following judicial acts:

1) a decision to declare the debtor bankrupt and to open bankruptcy proceedings;

2) a decision to refuse to declare the debtor bankrupt;

3) a ruling on the introduction of financial rehabilitation;

4) a ruling on the introduction of external administration;

5) ruling on termination of bankruptcy proceedings;

6) ruling on leaving the application for declaring the debtor bankrupt without consideration;

7) a ruling on the approval of a settlement agreement. Arbitration court rulings issued as a result of consideration by the arbitration court of applications, petitions and complaints may be appealed.

Author: Sazykin A.V.

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