Application for Bankruptcy: sample

The application for entry into the bankruptcy case is a document that has a number of its features. Then everything will be told about this paper. How is it compiled? Where is it served? What are the nuances to consider when applying for it? In fact, everything is easier than it might seem at first glance.

Where to submit

First of all, it is necessary to understand to which body the application of the established sample is submitted. To date, the studied document is being examined in court. There are several of them in Russia. In which specifically address?

The application for entry into the bankruptcy case is considered exclusively in the arbitration court. It is surrendered after a claim for bankruptcy was filed by one or another person, but it has not yet been found to be thorough. In other words, when the matter is already under consideration.

By the way, you need to apply to the arbitration court at the place of registration of the organization or on the registration of an individual. Other judicial bodies do not work with the document being studied.

Feed Conditions

It should be noted that the application for joining the bankruptcy case, as already said, is filed in the presence of a claim for the recognition of the organization or person bankrupt. Such paper can be submitted by:

• Creditors;
• Debtors;
• Subordinates of a potential bankrupt;
• Authorized bodies of municipal or state power.

In this case, it is necessary to have a reason to be declared bankrupt. Among them are the following points:

• Presence of monetary obligations to creditors;
• The requirement is not less than 500 000 rubles for individuals or 300 000 rubles for organizations;
• The debt is overdue by more than 3 months from the date it was due to be paid off;
• The existence of a debt is proved and confirmed by a court decision.

Nothing special in the process. This information is important for opening a bankruptcy case. What else is necessary to know?

About the Introduction

The application for entry into the bankruptcy case of a citizen or legal entity, but prior to his investigation into the lawfulness filed after the main claim, are considered as applications for accession. These documents are examined by the judicial authorities no more than 15 days after the first claim was verified.

Without a court decision on recognizing a debt for a citizen, as a rule, it will not be possible to file an application for entry into the bankruptcy case. This must be remembered for each creditor.

Courts examine all filed claims for bankruptcy of a person or organization in the order in which they were received. If the very first statement was found to be evident, then all other documents are considered applications for inclusion in the register of creditors' claims.

Originally illegal

What if the original claim is recognized by the court as unlawful? In this case, several possible developments are possible. Namely:

• The bankruptcy case is terminated (if there are no applications to join it);
• The claim remains without consideration.

Similar actions are taken by the judicial authorities when a citizen / organization renounces its bankruptcy suit.

Cost

Like most documents, the paper being studied requires new members to pay a certain fee. How much does it cost to apply for bankruptcy? The state fee for this document is fixed in strict amount.

For today it is necessary to pay for the introduction into business about a recognition of the citizen or the organization the bankrupt 6 000 rubles. In this case, the judicial authorities are obliged to accept the document for its further consideration.

About the content

Now a little about what it is necessary to write in the paper being studied. What constituents will have an application to join the bankruptcy case? There is nothing difficult or special in this. Remembering the elements of the claim, even a citizen without a legal education can create it.

Usually the application for joining the case differs little in content from the original claim for bankruptcy. So, in the document the following information is written:

• The name of the judicial body in which the case is being examined;
• Data on the debtor: Name (or organization name), address;
• OGRN and TIN - for legal entities;
• Information about the creditor;
• Description of the claims to the debtor with the indication of penalties and the exact amount of debt;
• The basis for the occurrence of obligations (usually the contract number);
• A judicial decision on the existence of a debt;
• Evidence proving the existence of debts of a citizen / company;
• List of papers attached to the claim;
• Bankruptcy number of the person.

Remembering all this is easier than it seems. A sample of the document being studied will be given below. What else do you need to know before submitting it?

Paper for the application

For example, a list of documents that are necessarily enclosed by the creditor. The application for joining the bankruptcy case (after the introduction of the observation), without any of the attached securities, will not be taken by the judicial authorities. Therefore, the feeding process must be properly prepared.

Each applicant together with the claim must attach the following package of documents:

• identification;
• Contract, which served as the basis for the emergence of debt;
• Papers indicating the information of the citizen / organization about the debt;
• A judicial decision that has already entered into force;
• Registration documents of applicants;
• Receipts for payment of state duty;
• Extracts from the Unified State Register of Legal Entities or the Unified State Register of Legal Entities (not older than 30 days);
• Evidence indicating the existence of debt.

As a rule, all listed papers are submitted not only in the originals, but also with copies. An exception is an extract from the Unified State Register of Units / Unified State Register of Legal Entities. It is given to judicial bodies only in the original.

Without judicial decisions

The application for joining the bankruptcy case without a court decision is simply not allowed. According to the established laws, it is impossible to enter into such claims as third parties without grounds.

The only thing that is advised in this case is to pay the established state duty (6,000 rubles), then apply for recognition of the citizen / organization bankrupt. Then such a document will be considered as an application to join the bankruptcy case.

Decor

Some people wonder how to properly design the paper being studied. In fact, it's easier than it seems. Especially if a citizen previously dealt with suits.

The application for entry into the bankruptcy case applies to all generally accepted rules for conducting business correspondence. This also applies to registration. In order for the document to be written as correctly as possible, the following tips should be adhered to:

1. The "cap" of the claim is drawn up in the upper right corner of the sheet. Here data are written about the debtor, the applicant, the court.
2. The name of the paper is printed from a new line, under the "header", to the center of the page.
3. The main part consists of a description of the nature of the applicants' claims.
4. The list of attached documents is written in a separate numbered list after the main part.
5. The application ends with the filing date and signature of the applicants.

No more significant features of the document. We can say that the rules of paperwork are exactly the same as for any other claim.

Sample

And what is the statement about joining the bankruptcy case? A sample of this paper will be presented below. This is just a small template for the main part of the document, which in each case is individual. Therefore, we can not call it exhaustive.

So, the application for joining the bankruptcy case looks like this:

"As of (the date of the appeal), the amount of claims amounted to (the amount of debt taking into account the sanctions) .The present claim arose for the debtor because of (the contract number) .The court recognized the debts of the citizen (data about the debtor) in front of me. Bankrupt, proof of debt are attached. "