Current payments in bankruptcy - how to distinguish them from registry ones

Personal bankruptcy often involves expenses beyond what debtors must pay to creditors. Such expenses can be foreseen, but their exact amount can be difficult to determine. That is why, before resorting to bankruptcy proceedings, it is necessary to determine all the consequences of such a responsible step and how this could turn out for the debtor. It is clear that the debtor will lose his property, but even after he does this, he will need to pay the so-called current expenses. Therefore, we will figure out what exactly is called current payments in bankruptcy and what terrible things can happen if current payments are not repaid.

What are current payments in bankruptcy?

Current payments in bankruptcy cases of individuals or legal entities are the financial obligations of the bankrupt that appeared after the receipt of the application for bankruptcy status. That is, current debt refers to expenses that appear regardless of whether a person is considered bankrupt or not. The debtor also has registered debts, which are included in the register in advance as soon as a bankruptcy case is opened.

The problem is that most of the events that are carried out during bankruptcy are aimed solely at paying off registry expenses. But bankrupts still have the problem of paying off current expenses, because no one intends to write them off. As a result, the amount of debt increases and requires repayment. Among the most frequently appearing expense items are:

Severance payments to employees of a company that has found itself in a difficult situation and has begun bankruptcy proceedings;
Salaries of employees who work in a bankrupt company or for an individual entrepreneur;
Compensation payments to employees who unexpectedly lost their jobs (especially if a contract was signed with them for several years of cooperation) if the enterprise or company was liquidated due to bankruptcy;
Various fines and penalties imposed on the bankrupt;
Liabilities to the tax authorities, previously suspended due to the bankruptcy procedure;
Payment for services provided to a bankrupt company or person, especially if they are specified in the contract;
Payments for goods, if they were provided before the bankruptcy process;
Payment of rent, if a person or company rented real estate, etc.;
Any fines, penalties and penalties that arise are also paid;
Interest on the use of borrowed (credit) funds from financial obligations that appeared after the commencement of the bankruptcy case;
Compensation for losses arising due to poor performance of one’s duties, etc.

In addition to the rather impressive list presented above, the alleged bankrupt must pay all legal costs. Therefore, the list is supplemented by the consulting services of notaries and lawyers, as well as their work if the specialists provided other types of professional support to the client. That is, current payments include those that were formed after the bankruptcy procedure began, or those related to agreements signed before the bankruptcy began.

Types of mandatory payments and payment procedure

In order to ensure compliance with all standards and eliminate debts to creditors, a schedule is drawn up in accordance with which everything will happen.

Current refers to monetary and material penalties that are required to pay the labor of people working for the company. This also includes benefits and everything similar that is transferred to state and other funds. All these funds must be paid if the request for their transfer was taken into account after the court accepted the statement of insolvency of the person.

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This type of mandatory payment also includes payments from citizens and companies that collaborated with the debtor after the start of proceedings. Varieties of this type:

refunds and payment of arrears of wages to people who are in an employment relationship with the bankrupt;
deductions of severance payments to employees who have terminated the relationship;
settlements for legal costs, as well as with the financial manager;
losses and expenses during the competition;
covering the costs of communication services and utilities;
recurring rental and leasing fees;
fines and penalties;
interest on loans;
payments for storage of property.

It is important not to forget that salary debts belong to the second group of payments. All such claims made prior to auctions and inventories will be paid off-list.

The difference between current payments and registered ones

After the start of the case for obtaining the status of a bankrupt person, all detected and appeared payments can be divided into two groups:

The first group includes registered payments, which are entered into a special register (hence the name) and are carried out in a certain order;
The second group includes current requirements in bankruptcy cases.

In addition, users are often interested not only in what current payments are, but also how to distinguish them from registered ones, because the peculiarity of current payments is their prevailing nature.

The situation is quite simple to explain. The fact is that bankruptcy is filed if a person or organization cannot cope with the debts that have arisen and they accumulate over some time. The debtor will no longer be able to deal with them on his own. In this case, he may begin bankruptcy proceedings. As soon as the procedure starts working, all registered debts stop accumulating and are frozen. And creditors must include the fixed amounts in the register, otherwise they will not be repaid or will take last place in the queue. This automatically means: it is not a fact that the money received from the debtor’s property will be enough to cover them.

However, it often takes several years to obtain a bankruptcy certificate. This is a complex and multi-step process. Naturally, during this time, new financial expenses may arise that need to be covered somehow. As already mentioned, this could be salaries for employees, business expenses, etc. It doesn’t matter whether we are talking about individuals or legal entities.

Since these payments arrive regularly and do not stop, they are called current. Such debts must be repaid first. But such an approach can be perceived incorrectly as a screen for evading registered debts.

The size of debts for current payments cannot be foreseen or planned, since many parameters that are difficult to predict must be taken into account. In addition, before a person is declared bankrupt, most likely he will be forced to undergo the procedure of reorganization or external administration (or perhaps both). And organizing production activities is always associated with costs that may not be justified. As a result, registered creditors will have to wait until current debts are paid. Thus, registry and current payments during bankruptcy are interrelated, but current payments are still much more priority, since if the debtor can reach a normal financial level, he may be able to pay the debts included in the registry.

How to deal with accounts payable

To ensure rights for all parties, the law distinguishes 5 stages:

before the manager, appraising specialists, the registrar and the bank, which conducts all account transactions;
wages and severance pay, settlements with people working for the debtor, contributions to trade unions;
people who had to be involved in insolvency proceedings although they were not obliged to do so;
utility expenses, communication services, cleaning;
taxes, contracts, insurance.

For the payment of current and registry claims of this type, the general rules of limitation apply, so they are paid as quickly as possible or with minimal delays.

If a citizen is declared bankrupt, then his obligations include repaying all debts that were incurred through his fault. Everything is paid in accordance with the calendar - first the older ones, then the new ones. They take into account not only the moment of circulation, but also the day of formation of this amount. If the need to pay has been there since last year, then closing it is a more important task than something similar, but only a month ago.

What does it mean to pay off registered debt?

If legal proceedings have begun against an individual or legal entity, then he needs to remember that he will have to pay not only current payments.

They are formed even before the commencement of insolvency proceedings and become the main reason for its initiation. Creditors of this order are directly involved in the process and have their vote at the meeting. Who could they be:

party to a civil contract;
participant in a credit order;
government agencies;
employees.

Priority for registered debts

Only when all current obligations are paid off will the payment period under the register begin. Everything is paid in accordance with the existing queues defined by law.

The basic algorithm is:

the debtor is the first to pay money according to a court decision or other legal acts, as well as in situations that result in damage to health or death of people;
the second - everything related to severance pay and salary balances, transfers to government agencies;
the third - from suppliers, contractors who provided services.

Among the latter, there is also a sequence:

first on collateral requirements, if no one has waived the collateral;
the majority of individuals and organizations in the process of bankruptcy proceedings, and interest on loans;
accrued fines, penalties, and other amounts arising from lost profits.

What is the register of creditors, and why is it important for a creditor to get into it?

A register of claims that displays all the company's debts. It is a document that has legal force for the legal fulfillment of claims in favor of creditors by the debtor. The practice of maintaining a register of creditors is not new, and is successfully used in different countries. In its form and essence, this is a list of all debts that a bankrupt legal entity has, and which it could not independently fulfill within the time limits established in the contract. Because of this, bankruptcy proceedings were initiated. Satisfaction of creditors' claims is carried out according to the stipulated priority. Data such as the amount and priority of claims are also recorded in the register.

The registry document in the bankruptcy case displays information about the creditor himself and the presence of confirmed obligations on the part of the enterprise. If there is no recording of the debt in the debt register, then the possibility of repaying the overdue debt in the future is negligible for such a creditor. He cannot claim compensation for losses if this amount is not recorded in the register. That is why inclusion in the register of creditors’ claims is a mandatory procedure for a creditor to receive an outstanding financial obligation from a bankrupt legal entity.

Governing legislation

Issues related to the collection of current payments in bankruptcy proceedings are resolved by the arbitration court, which is guided not by personal needs or preferences, but by the basis of laws that provide for the process of creating a register of current payments in bankruptcy. production. This bankruptcy law is Federal Law No. 127. Despite the fact that it was adopted back in 2002, thanks to amendments made in 2015, it still remains relevant.

Let's consider the main points of the Federal Law on bankruptcy, which will help you understand the main nuances of how to get into the register of current payments:

The first paragraph of the fifth article helps to understand the concept of payments and the principle of their creation;
The second and third paragraphs of the article talk about the claims of creditors that appeared after the end of the trial on the debtor’s insolvency. Specifically, such claims cannot be included in the register, since they appear after the court has made a decision (for example, about the bankruptcy of a developer). But this does not mean that such demands will not be satisfied. It's just that their order shifts a little;
Article 96 talks about a moratorium, which may apply to certain types of payments. But it can be removed as soon as the trial is over;
Paragraph one of Article 134 says that it is possible to make current payments and put them in the register. This directly determines who will receive the money first. For example, the first to receive financial compensation will be the creditors whose information was entered first even before the court hearings began;
The third paragraph talks about complaints against financial authorities if they go to court. Often such complaints are received if a specialist is inactive or poorly performs his professional duties. Sometimes, thanks to complaints, the court changes the order of creditors;
If the amount of claims is greater than provided for by labor legislation, you can read more about this problem in paragraph 2.1. These claims will be considered current, but their repayment will be carried out in the third stage.

As is clear from the above, many requirements directly depend on the professionalism and responsibility of the manager. This affects how fully court decisions will be implemented and whether all creditors will receive compensation.

If suspicions arise about dishonest work or negligence, then a complaint against the manager can be sent to the arbitration court, at the plenum of which it will be considered. In addition, such a complaint must be sent to the managers themselves.

The legal side of the issue

Registered and current debt in bankruptcy is fully enshrined in the Civil Code. You just need to follow all the rules and regulations that were listed there. To make it easier to carry them out, each company has a manager. Its goal is to help you return to wealth or competently complete all your affairs by paying off your obligations. This is a solution for organizations that do not know what to do to become solvent again or liquidate.

All issues that arise in the collection process require regulation in accordance with the points of decisions of the executive branch. The main law that regulates what is happening is the Federal Law “On Bankruptcy”. It describes, in particular:

what are payments and on what basis are they formed;
describes the demands, including those that appeared after the trial;
describes the concept of a moratorium and its applicability to certain types of payments;
is it possible to complain about the financial manager and what will this give;
who will be the first to receive money from the borrower;
at what level is the maximum amount, especially in the shopping center?

Many aspects of the activity directly depend on the desire of the debtor and on the professionalism of the appointed employee. He must be sufficiently responsible and competent in the field in which he works. It is on his functionality and intelligence that it depends whether everyone will receive their compensation and whether the company will be able to return to full functioning.

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Collection procedure

Let's consider the question of how current payments will be collected in bankruptcy. The algorithm for this procedure is multi-stage, but it can be completed without unnecessary problems. So, the debtor is expected to do the following:

Compose and submit a petition (in written format). It must be sent to the address of the debtor or financial manager. But the text needs to mention what kind of debt we are talking about: the one that arose after the end of the bankruptcy case, or the one that arose after the filing of the claim. This will determine how current payments are collected in bankruptcy. Sometimes it is enough to simply file a complaint with the financial authorities, but if he is negligent in his duties, there is no way out of filing a lawsuit;
Additional payments are indicated in a separate register of the manager, after which an invoice is sent to the bank to write off the required amount of money;
If the financial authority refuses to fulfill financial obligations, the collection procedure involves filing a statement of claim in court, which requires recognition of the payment as current and its reimbursement. As evidence, you can attach documents confirming the current status of the payment;
If the claim is accepted, the court will begin the process of determining whether the payment is in fact current. Typically, such payments are added to one queue or entered into an additional, extraordinary register. Extraordinary payments are paid in order, having a fixed date.

The financial authority must comply with the court decision. If he ignores it, penalties and fines will be imposed on him. Also, the manager’s inaction may be regarded as causing damage. There are cases when the request is not granted. Then you can demand clarification of the situation by submitting a written application. If the answer contains little clarification or does not come at all, you can file an appeal against the issue.

You need to know for sure what documents will be needed when applying to the judicial authorities. For example, you will definitely need:

Passport of the person filing the claim;
Direct claim;
Evidence of non-payment of mandatory payments;
Checks;
Papers confirming bankruptcy.

Payments are made in a separate case parallel to the bankruptcy case. Debt compensation is carried out in several steps:

First of all, legal costs and financial services fees are compensated.
Secondly, severance pay is reimbursed to employees of bankrupt enterprises.
Next, they pay for utilities, rent, taxes, fines, etc.

After all the listed payments are compensated, the remaining debts will be compensated.

Current payments in bankruptcy proceedings

During the process of declaring a company financially insolvent, the following current liabilities are most often identified:

to personnel - debt related to the wage fund;
before the budget - taxes and contributions, the payment obligations of which arose during the bankruptcy proceedings, as well as penalties, fines, the payment of which was temporarily postponed due to the impossibility of using the company's current account or the lack of funds on it;
to suppliers – for goods shipped and services provided under contracts providing for payment after the date the debtor was declared bankrupt;
to landlords – rental payments on a post-payment basis;
before other counterparties – legal costs, legal and consulting services;
penalties applied based on the results of the sale of property from the bankruptcy estate at auction.

IMPORTANT

Payments to staff are a priority, so they must be made on time and in full

What are current payments made up of in bankruptcy proceedings?

The most common current payments in bankruptcy proceedings, for which demands are made during the procedure for recognizing the financial insolvency of an enterprise, include:

salaries, dismissal benefits, all kinds of compensation for employees dismissed due to the termination of the activities of a financially insolvent legal entity;
taxes that the organization had to pay, but due to the introduction of bankruptcy proceedings against it, this need has temporarily disappeared;
fines and penalties, payment for which was also temporarily delayed while the trial took place;
current invoices for goods delivered before the enterprise was declared financially insolvent;
payment for work or services previously performed in accordance with contracts, under the terms of which the transfer of money should have taken place after a court decision was made to declare the organization bankrupt;
post-paid rental payments;
court costs, payment for legal consultations, paperwork for legal needs;
penalties incurred in the process of selling the bankrupt’s property in bankruptcy proceedings.

The main ones among the current payments in bankruptcy proceedings that must be made first are wages and other payments to employees made at the time of their dismissal from the bankrupt enterprise. They must be produced in due time and in full.

Bankruptcy and current creditor

Requirements from creditors related to the implementation of current payments appear during any procedure within the framework of bankruptcy, including supervision. They are not related to the register of creditors' claims, and creditors are not recognized as parties to the case, unlike bankruptcy creditors.

Moreover, creditors are given the right to appeal to the judicial authorities and appeal against the actions or inactions of the arbitration manager.

Most companies and firms in the process of carrying out business activities are faced with the issue of collecting debt obligations from a bankrupt organization or from an individual declared insolvent. Within the framework of federal legislation, it is noted that current payments are monetary obligations and corresponding requirements for the payment of benefits and labor incentives.

The Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 63 provides a detailed explanation that current payments are exclusively those obligations that imply the use of money as payment instruments.

Within the framework of the Resolution, it is noted that, if it is established that the case is classified as current debts, the arbitration court will make a decision to terminate the proceedings regarding the consideration of the claim. A claim for collection is filed with the fiscal authorities on the basis of the general rules provided for by the rules of the Arbitration Procedure Code of the Russian Federation.

According to Federal Law No. 127, payments are made strictly in a certain sequence.

In addition to the basic monetary requirements, which consist in the need to pay strictly monetary amounts, non-monetary conditions are used. There is no payment procedure for them.

However, creditor claims in relation to obligations are presented through the court and are considered in accordance with procedural legislation. This is stated in Art. 4 Federal Law No. 127 and in paragraph 2 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 63. Non-monetary claims are often of a property nature.

Deadlines for collection of current payments

Collection of current payments in bankruptcy is carried out within a certain period in accordance with the court decision. Initially, the competitive terms of the current debt are observed. Only after the money from the sale of the debtor's property is received into the account are other debts paid.

The terms for current debt can be extended, but only after agreeing on this issue with the arbitration manager. In this case, the deadline is set individually. True, there is a nuance regarding the amount above the minimum threshold established by law: it is paid in the third stage. There are no more precise dates, since payments are made according to the queue.

More about the registry

The law describes in detail the entire algorithm in which payments can be demanded. At the time of filing the application, the amount and content of all unfulfilled promises at that time must be taken into account. Most often they are postponed depending on the court's decision.

The total debt includes many payments that the borrower was unable to meet. All of them are entered into single information, and they will be paid according to a predetermined procedure. No one gets their money out of turn. We recommend that you remember that funds will first be allocated to pay off obligations. Everything that came into force before the start of production is classified as registered.

For example, if a contract for the provision of services was concluded and should have been completed before the person became bankrupt, then it is included in the register. If all activities are planned for the period after the application, then - current expenses. It is equally important to act step by step, in accordance with the prescribed sequence. If the rules are violated, this will lead to criminal or administrative liability.

Read How to find out your debts: check the amount owed by last name

If an individual has claims from different creditors, then he cannot give preference to one. For example, you cannot pay wages to only one employee or settle accounts with only one supplier. They all have equal rights.

Despite these rules, there are certain nuances when returning accumulated wages to people who were in an employment relationship with a company or individual entrepreneur. The head of the organization, his deputy and the chief accountant will be paid differently.

Structure of current requirements

Current payments allocated in bankruptcy proceedings consist of the following items:

financial obligations of the debtor arising on the basis of the conclusion of civil transactions;
requirements for payment of labor activities of employees employed in a bankrupt organization. This also includes requirements for payment of severance pay;
mandatory fees that must be paid to the state budget and other off-budget fund departments.

Features of compensation for current payments in bankruptcy