How many days/months will the hearing take place after filing an application in court depends on the content of the claim and jurisdiction. In addition, the judge may leave the case without moving at all. This will also affect the timing of the appointment. We will tell you more about everything in the article.
Litigation is a complex legal procedure. If you filled out the application incorrectly or did not submit all the documents, the claim will be abandoned. If they stated the essence of the case incorrectly, they lost the trial.
Without qualified assistance, litigation is fraught with negative consequences. If your life takes you to court, we strongly advise you to go there not alone, but with a lawyer.
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How is the first meeting scheduled?
The debtor's task is to convince the judge of both his good faith and his insolvency. The court must decide to introduce an insolvency process.
Bankruptcy documents are submitted to the arbitration court. After receiving them, the judge first checks:
Determination to schedule the first court hearing
- completeness and correctness of the application and documents;
- presence of signs of insolvency, insolvency;
- availability of a document confirming the sending of a copy of the application to creditors;
- fact of payment of state duty.
If the general requirements for documents are met, the judge is obliged to accept them for production. This means that the first court hearing will be scheduled, where they will check the validity of the application and decide whether further bankruptcy procedures need to be carried out.
A ruling is made on the appointment of court hearings
. Copies of the rulings are sent to all participants in the case specified in the application (debtor, his representative, creditors). Unlike courts of general jurisdiction, subpoenas are not sent to the parties.
You can independently check on what date the arbitration court meeting will be scheduled. To do this, you can use the online service “Card Index of Arbitration Cases”.
Indicate the name of the court and your data (for example, TIN) in the search form. The case card will indicate what date the next hearing is scheduled for. Also, scanned copies of all definitions are usually attached to the card.
How to prepare for your first meeting
The participation of the debtor in the first meeting is strictly mandatory! If you do not appear in court and do not send a representative, the judge may dismiss the case or leave the application without consideration on technical grounds. For example, only with a personal interview of the debtor
and checking his testimony according to documents,
the judge can be convinced of the integrity
of the actions.
The debtor may participate in the meeting by sending his representative. The representative must have a notarized power of attorney from the debtor.
The documents you submitted with your application are usually sufficient for the court hearing.
We recommend paying attention to the following points:
- consult a lawyer
, agree on representation in arbitration - conducting business with the support of a lawyer is the legal right of the debtor, so the court will not be able to refuse admission to a representative; - determine the tactics
of behavior in the legal process - it is better to immediately mark out how to answer the court’s questions, how to eliminate doubts about integrity; - study the information
contained in the application and documents - it is advisable that you speak freely in court, without looking at the documents when answering each question.
The first meeting determines whether further bankruptcy procedures will begin. Therefore, we recommend that you involve a lawyer in your case. Only knowledge of the law and judicial practice guarantees that you will not be denied debt forgiveness at the initial stage.
The meeting is postponed: what does this mean?
Postponement of hearings is a normal practice in the work of courts. If the meeting is postponed, this will not necessarily entail any claims against the debtor.
Why are meetings postponed?
In bankruptcy cases, the postponement of the process may be due to failure to receive a response from the SRO of the managers, which you indicated in the application. The judge may also request additional information and documents, without which it is impossible to hold the first court hearing in the bankruptcy case.
The reason for the postponement will be indicated in the judge's ruling. If you do not understand the court’s wording in the ruling, a lawyer will explain it to you. Usually, when a case is adjourned, a new date and time for the hearing are immediately indicated. After the resumption of proceedings, the first meeting will be held according to the general rules.
Even if I win, the debtor will go bankrupt and not pay
Winning a trial is not enough. As a result, the winner is given a court decision and a writ of execution, with which he extracts money from the defendant. It doesn't always work out. It is difficult to collect debts from a company that is already heavily in debt and has sold off its assets. Many people are stopped from going to court by the suspicion that the company will go bankrupt on purpose. In fact, withdrawing money unnoticed is not easy. Controlling authorities hold directors and founders accountable for subsidiary liability—responsibility for the organization’s debts. The possibility of avoiding company debt is exaggerated.
Before going to court, it is better to play it safe and check the organization:
- What is her financial condition? Request accounting reports for the previous year on the Rosstat website. Look at whether the company is growing or falling, what its assets and liabilities are.
— Is she preparing for bankruptcy? If the company is doing really badly, going to court is dangerous. In the event of bankruptcy, you will take one of the last places on the list of creditors, as a small business.
— Does she have unpaid debts on other matters? If enforcement proceedings drag on for a long time, it means that the bailiffs did not find the organization’s property. After your victory in court, it is unlikely to be found, so the organization will have nothing to pay you with.
It happens that everything is fine with the company, but the bailiffs hesitate. They have a heavy workload, so large cases get priority. There are three ways to get money faster:
- Contact the defendant's bank yourself. If you don’t know the name, submit a request to the tax office, they will tell you. The disadvantage of this method is that the writ of execution is submitted to only one bank. Money from other banks will not be transferred to your account, and the debtor’s property will remain with him.
- Help the bailiff. Look for the debtor's property yourself. Find out what he regularly gets paid for. All this can belong to you.
- Complain to the senior bailiff. He will pronounce a sentence and hurry up his subordinate if he delays execution.
Sources:
Art. 121 of Law No. 229-FZ on complaints against bailiffs
Art. 33 of Law No. 127-FZ on signs of bankruptcy
