Federal Law of the Russian Federation No. 127-FZ "On Insolvency (Bankruptcy)" establishes the right of a person or organization to declare its insolvency. This is possible in cases where the borrower of funds is unable to pay debts, which are subsequently canceled. How to prove the fact of bankruptcy of a person?
Instructions
Step 1
If you are a creditor, first prove the justification for the debtor's declared bankruptcy. The debtor must in aggregate have a debt of one hundred thousand or more rubles with payments overdue for more than three months. The absence of one of the requirements will be a pretext to reject your appeal to the arbitration court at the location of the debtor. Then go to court with an application for debt collection in the usual way.
Step 2
Head to the bailiff service. Give a writ of execution to collect money from the debtor. Send a copy to the debtor.
Step 3
In case of non-execution of the court decision within 30 days, file a petition with the court to declare the debtor bankrupt. Attach a document on the court decision to the application; a document confirming that the writ of execution has been sent to the bailiffs, and a copy of it to the debtor. Submit to the court documents confirming the fulfillment of your obligations to the debtor under contracts: invoices, invoices, acts of work performed, etc.
Step 4
In the course of the trial, it will be revealed that there is a sufficient or insufficient amount of property to pay off court costs. Find out if the amount of the debtor's property is enough to pay off your debt in part or in full.
Step 5
Before filing for bankruptcy, find out if the debtor was involved in economic crimes? In the event of a criminal record, the bankruptcy claim will not be satisfied.
Step 6
If you are a legal entity foreseeing bankruptcy, apply for bankruptcy. The application is submitted one month after they were unable to continue their activities after paying off the debts. In the application, indicate the amount of arrears on obligatory payments, the amount of loans, information about property, bank account numbers and a list of attached documents. Submit documents confirming the insolvency of the fulfillment of obligations under contracts (acts, invoices, invoices, etc.).
