Let's us consider two main scenarios for the actions of a creditor who has obtained a court decision in its favor. The creditor may seek enforcement from the debtor in the course of enforcement proceedings or in the debtor's bankruptcy procedure.
Enforcement proceeding
It is the enforcement of a court decision by the bank where the debtor's account is opened, or by the bailiff service (FSSP) by foreclosing on the debtor's property. If the creditor knows which bank the debtor has opened accounts with, it can apply to such a credit institution independently, without the FSSP. If the creditor does not have information about the debtor's accounts, it is entitled to obtain it from the tax authority.
In case of applying to the FSSP, enforcement proceedings are initiated on the basis of the creditor's application within 3 days from the date of its receipt by the bailiff. If the debtor does not repay the debt within the period provided for voluntary execution, the bailiff shall send requests to the registration authorities, the tax service and banks in order to obtain information about the debtor's property that can be foreclosed on. To ensure the safety of the debtor's property, the bailiff may seize this property, and in relation to the individual debtor, he may impose a ban on traveling abroad. If the debtor does not have any funds, the bailiff shall foreclose on other property of the debtor. For this purpose it is necessary to assess and transmit it for sale in an auction. If the debtor's property is not sufficient to fully repay the claims, the bailiff ends the enforcement proceedings and returns the writ of execution to the creditor. Therefore, during this procedure, it is important for the creditor to take an active position on the search for the debtor's property.
Bankruptcy
There are several ways to protect the best interests of a creditor in a debtor's bankruptcy proceeding. Firstly, the creditor itself can apply to the arbitration court with an application for bankruptcy of the debtor, which allows you to apply for the appointment of a bona fide receiver who will help find the debtor's property. Filing an application for declaring the debtor bankrupt can follow both after the end of enforcement proceedings (if it was not possible to obtain execution) and without recourse to the FSSP.
Secondly, a creditor can enter into the initiated bankruptcy proceeding by submitting an application for inclusion of its claims in the register of creditors ' claims. This should be done within a strictly defined time frame from the date of publication by the receiver of the announcement of the introduction of bankruptcy proceedings against the debtor. In general, from the time the creditor’s claims are included in the register of the debtor’s creditors’ claims, the spectrum of the creditor's rights expands significantly; it may, under certain circumstances, has the right to object to the inclusion of other creditors’ claims in the register, to file complaints challenging the transactions and the bringing the management of the bankrupt organization to responsibility; the creditor will have also access to the documents of financial and economic activities of the debtor.
Thus, in general, the creditor in the bankruptcy procedure has a wide range of tools to protect its rights; it is possible to challenge the debtor's transactions on the withdrawal of property and bring controlling persons to subsidiary responsibility if the debtor is a legal entity. However, this method of causing the debtor to fulfill its obligations is longer and more expensive than enforcement proceedings, and most important, experience and knowledge are needed to participate in such a procedure.
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