Included a RUB 3,938,309.80 claim in the debtor’s creditor register

In its judgment of 5 October 2022 in case No. А33-17378/2022, the Commercial Court of the Krasnoyarsk Territory (Арбитражный суд Красноярского края) ordered ООО «БУРЫЙ» to pay sole proprietor Alexey Boykov (ИП Бойков Алексей Васильевич):

RUB 2,016,029.60 — principal debt;

RUB 1,880,874.20 — penalty;

RUB 41,406 — court fee.

Total:

RUB 3,938,309.80.

The court judgment confirmed the debt of ООО «БУРЫЙ».

But the judgment by itself did not mean that the client had already received the money.

After the debtor entered bankruptcy, recovery moved to a different procedural plane.

The claim now had to be confirmed within the bankruptcy case.

The notice of supervision over ООО «БУРЫЙ» was published after the relevant court act was adopted.

On 28 November 2023 the claim of ИП Бойков Алексей Васильевич for inclusion of the debt in the register of creditors was received by the Commercial Court of the Krasnoyarsk Territory.

The court separately verified compliance with the deadline for filing the claim.

The ruling states:

the deadline was met.

After a bankruptcy procedure is introduced, it is important for the creditor to monitor publications and court acts in a timely manner.

The deadline for filing claims must be determined, an application prepared and documents confirming the debt submitted.

In Boykov’s case the claim was filed in a timely manner.

In a bankruptcy case the court verifies the grounds and amount of the creditor’s claim.

To have the debt admitted in the register, sufficient evidence of its existence must be presented.

In this case the basis was an effective court judgment from a separate debt recovery case.

When considering the claim, the court verified whether the debt to ИП Бойков Алексей Васильевич still existed.

No evidence of performance of the previous judgment was presented.

There was also no evidence that the debt had been repaid.

The court concluded that the creditor had proven the existence of the debt.

Once a debtor enters bankruptcy, an earlier debt-recovery judgment alone is not enough for a creditor to participate in distributions from the bankruptcy estate. The monetary claim must be filed and recognized within the bankruptcy proceedings.

In this case, the court recognized the client’s claim in the full amount stated for register purposes and placed it in the third priority of creditor claims.

The court act states that the ruling on inclusion of the claim in the register is subject to immediate execution.

In this context, the reference is to a procedural result:

the creditor’s claim must be reflected in the register.

This does not mean that the debtor or the insolvency practitioner is obliged to immediately transfer RUB 3,938,309.80 to the client.

The actual amount of satisfaction depends on the further course of the bankruptcy procedure and the availability of the debtor’s assets.

A creditor may already have an effective court judgment for the recovery of the debt.

But if the debtor enters bankruptcy, the task does not end with an enforcement document.

It is necessary to:

• monitor the bankruptcy procedure;
• determine the deadline for filing the claim;
• prepare the application;
• submit supporting documents;
• substantiate the amount of the debt;
• obtain inclusion of the claim in the register.

In this case the client’s entire confirmed debt of RUB 3,938,309.80 was admitted in the register of creditors’ claims of the debtor.

Inclusion of a claim in the register is a necessary stage of protecting a creditor’s interests in bankruptcy.

But the presence of the claim in the register by itself does not mean that the entire amount will actually be paid.

The further result depends on the composition of the debtor’s assets, the course of the bankruptcy procedure, the priority of settlements and other circumstances.

The client’s claim of RUB 3,938,309.80 was admitted in the third priority of the register of creditors’ claims.

Konsultant Law Firm represented the interests of ИП Бойков Алексей Васильевич — a creditor of ООО «БУРЫЙ».

The case was handled on the firm’s side by lawyer Viktor Erofeev.

During the consideration of the claim, documents confirming the existence and amount of the debt, as well as the creditor’s calculation, were presented to the court.

The court found the debt proven and admitted RUB 3,938,309.80 in the third priority of the register of creditors’ claims of ООО «БУРЫЙ».