Debt collection through bankruptcy: why is this method unpopular?
The theme of bankruptcy initiated by the lender to collect debts is bypassed in most publications, in legal forums or during ordinary business communication. As if it was something indecent, unethical. Everyone casually notes that yes – with the help of bankruptcy you can recover debts. If you work. If you’re lucky with the manager. If you want to wait a long time. But what should the creditor do if the standard methods of debt collection do not work, and the counterparty avoids paying the debt in every way? We will talk about this in a new article.
Even if you have a writ of execution on hand and the accounts are seized, money cannot always be “caught” in the company’s account, especially if it is in deep stagnation. You can force the bailiffs to find and seize the property of the debtor, but the bailiff is one, and he has a couple of hundred or even thousands of debtors.
Is Bankruptcy Bad?
Bankruptcy is normal. In any case, for those whose money was in the long-term use of a company that does not want to fulfill its obligations.
Law firms operating on a stream diligently take clients away from the idea that initiating bankruptcy of a debtor is the way out. This is due to the fact that such companies usually do not have full-time arbitration managers, and bankruptcy itself in the interests of the creditor is a long procedure and with vague prospects. Much easier and faster to traditionally sue, get a decision, get a writ of execution and that’s all.
As a result, after such a “debt collection” the client has a strange feeling. He seems to be right, but there is no use to it. Is there a solution? There is! No money in the accounts? No property? Sorry, “but we have paws” – more precisely, an executed contract on the provision of legal services and a positive court decision!
But this is lyrics. To open a bankruptcy procedure, it is enough to observe two conditions:
A debtor must have a debt to one or more creditors of at least 300,000 rubles.
The period of default for this amount should be equal to or greater than 4 months.
Are the conditions met? You can prepare a statement in court with a request to declare the debtor insolvent.
Where to start bankruptcy?
Running blindly with a bankruptcy petition is also not a good idea. Before applying, it is better to spend some time evaluating the solvency and property status of the debtor. Today, the development of various state and information services allows us to collect an excellent dossier about the debtor company, in which it will definitely be:
Information about open enforcement proceedings.
Information about participation in litigation.
Information on the reorganization, liquidation, change of management or owners.
Company property data.
To help the applicant – SPARK, Kommersant Kartoteka services, FSSP enforcement proceedings bank, file cabinet of arbitration cases and other sources.
And from June 1, 2018 – after the launch of the Transparent Business service from the Federal Tax Service of Russia, you can also find out information about debts to tax authorities over the past year.
If a company has a warm life, it does not get stuck in debt, and its property has any expensive property (real estate, equipment) – you can prepare to file for bankruptcy. Victory will be quick and easy if the debtor is a large company that just does not care about its reputation and obligations. There are few of them, but they are also there. Having filed for bankruptcy against them, you will receive your debts within a week from the date of its adoption by the court – because bankruptcy information puts an end to the possible prospects for the normal operation of the company.
Arbitration Manager – Your Faithful Friend
Whoever first filed is the one who drives. It sounds too rude, but there is no other way to name the opportunity to recommend exactly “your own” arbitration manager to the bankruptcy initiator. In any case, experienced lawyers “shout” about this from every billboard and pages on the site.
Here you can agree and argue. It is important to understand that “your” manager will rudely violate the law and work only in your interests, do not give a damn about the creditor, after which he is unlikely to remain in his status. Despite the strict prohibition for managers to “play along” to one side or another, practice unequivocally suggests that the manager from the initiator-creditor is still much more actively looking for property to cover debts, digs under the direction of the debtor, disputes dubious transactions and generally behaves clearly more nice for the lender.
But the managers on the part of the debtor are most often busy withdrawing (legal, of course) from the responsibility of the management of the company, and protecting the latest transactions of the company. Therefore, before going to court, a creditor should seek the support of an experienced and competent manager. Together with him, you can also analyze the state of the debtor.