WHAT TO DO IF FILING OF BANCRUPTCY CLAIM IS PREMATURE

The Arbitration Court of the Volgo-Vyatka region considered the creditor's complaint against the ruling of a lower court. The appealer referred to the incorrect application of the rules of law in the refusal to accept the bankruptcy petition with the violation of the procedural time limit established by the law.

The fact is that the petition to declare the debtor bankrupt was filed a day earlier than it was established by law.

The applicant published information about his intention to initiate the procedure, but appealed to the court with a corresponding request not on the 15th day after publication, but on the 14th day.

This fact did not bother the judge of the court of first instance, but was noticed by the appeal and the ruling on the acceptance of the application for proceedings was canceled.

Then the creditor complained to the district court, referring to the fact that the technical error he made did not affect the rights and interests of other interested parties in any way. The second creditor, who also published a statement of intent to drive the debtor into bankruptcy in the UFRI, did so a day later than the applicant.

Thus, his right to file a bankruptcy petition against debtor still arose a day later.

Considering the complaint, the district court agreed with the applicant, stating that, in its opinion, the premature filing of a bankruptcy petition did not really violate the rights and interests of others, and the purpose of notifying other participants in civil law turnover about the intention to initiate bankruptcy of the debtor was achieved (decision in case № А79-1150 / 2021 dated July 5, 2021).