SUBMISSION OF CREDITOR CLAIMS IN A BANKRUPTCY CASE

Abstract

The article is devoted to the study of the features of presenting creditor claims in a bankruptcy case. The process of presenting creditors’ claims to the debtor in the property disposal procedure is considered depending on the type of creditor in the bankruptcy case. Creditors in bankruptcy proceedings for claims that arose before the date of the opening of bankruptcy proceedings are obliged to submit written statements with claims against the debtor to the commercial court, as well as documents confirming them, within 30 days from the date of the official publication of the announcement of the opening of bankruptcy proceedings. Until the debtor is declared bankrupt, disputes between the debtor and creditors who have current claims against the debtor are resolved within the bankruptcy case by considering them in the claim proceedings by the commercial court. Secured creditors are obliged to submit a statement with monetary claims against the debtor during the bankruptcy proceedings in respect of claims that are unsecured, or subject to the waiver of security. It is substantiated that the status of a creditor in a bankruptcy case in the broad sense is obtained by a person after his recognition as such in court, which is the subject of a ruling. A broad understanding refers to a creditor with the entire list of rights and obligations defined in the Code of Ukraine on Bankruptcy Procedures. In the narrow sense, a person acquires certain creditor rights even without such status acquired in court (in particular, the very submission of an application with creditor claims to the debtor leads to the emergence of certain rights for such a person, for example, the right to appeal a court ruling regarding his creditor claims). Creditor claims are presented not only in the property disposal procedure. Thus, the application for the opening of bankruptcy proceedings, filed by the creditor, indicates the amount of the creditor’s claims against the debtor, indicating separately the amount of the penalty (fine, penalty) that is subject to payment, and the resolution on the opening of bankruptcy proceedings states the recognition of the creditor’s claims and their amount. It is argued that the presentation of creditor claims to the debtor is carried out: at the stage of submitting an application to open proceedings in a bankruptcy case; in the property disposal procedure; in the liquidation procedure.