If the debtor cannot pay the creditor on time, he is declared bankrupt. The bankruptcy procedure consists of several stages, the first is filing an application with the arbitration court. After the court makes a decision to start the bankruptcy procedure, the debtor has the right to appeal against it within the time limits established by law.
Instructions
Step 1
Bankruptcy cases are always considered by an arbitration court at the location of the debtor. Certain signs are required for the court to accept a bankruptcy petition. So, the debt of a legal entity must be at least 100 thousand rubles, an individual - at least 10 thousand rubles, for individual entrepreneurs there is no established norm. The bankruptcy procedure can be stopped at any stage if the debtor returns the debt to the creditor. It is worth noting that in this case, it is not a statement of claim that is submitted to the arbitration court, but a petition for bankruptcy. The litigation involves not the plaintiff and the defendant, but the applicant and the debtor.
Step 2
According to the current legislation, the debtor has the right to challenge the decision of the court of first instance. To do this, he must, within a month from the date of the decision, file an appeal directly to the court that made the decision.
Step 3
The appeal must indicate:
- the name of the arbitration court to which the complaint is filed - that is, the court of a higher instance;
- the name of the person filing the complaint;
- the name of the arbitration court that made the contested decision, as well as the number of the case, the date of the decision and the subject of the dispute;
- the claims of the person filing the complaint and the grounds on which he is appealing against the decision, with reference to laws, regulations, circumstances of the case and evidence in the case;
- a list of documents attached to the complaint.
Step 4
The complainant must give a copy of the complaint and copies of the documents attached to it to all persons involved in the case. All documents are sent by registered mail with acknowledgment of receipt or delivered in person against receipt.
Step 5
A number of documents must be attached to the appeal:
- a copy of the contested decision;
- documents confirming the payment of the state duty;
- copies of notifications and receipts on the delivery of a copy of the appeal to all persons involved in the case;
- a document confirming the right (authority) to file a complaint.
Step 6
After the submission of the appeal, the arbitration court shall be obliged, within three days, to forward it together with the case to the appropriate arbitration court of the appellate instance.
