Below we will explain the difference
Who has a claim against a bankrupt company, in order to hope to receive the payment, must submit an application for the claim to the bankruptcy liabilitiesWhen a company fails, the debts are paid (almost never completely) by a particular procedure managed by the Court, which takes the name of “bankruptcy” or simply “failure”.
To manage the bankruptcy, the Court appoints a professional (generally chosen from among accountants or lawyers): the so-called bankruptcy trustee.
Some loans are called “privileged” because of the nature preferred that, with respect to the other loans (for example, those of employees), and are then paid first of the other. All other loans are called “unsecured”: the latter are paid after the payment in full of the secured creditors, always advancing active and, in the case of an equal percentage with all other unsecured creditors.
To present the instance of lodgement and participate at the hearing does not necessarily need the lawyer.
Each creditor (a company or private citizen) can work independently.
- a special request to be allowed to"passive"(not serving special: the important thing is to indicate the nature of the claim, the cause of the credit, the amounts owed, the documents that founded the credit, the company failed, the company is the creditor, the court that takes care of the procedure of bankruptcy) - in the case of a company, the signature of the administrator or, in any case, the legal representative of the company.
The application must be sent as a file attachment scanned in pdf, exclusively on the PEC (certified electronic mail) of the curator. Along with the question, “scanned” must also be accompanied by documents that prove the credit. At the end of the application, the creditor must attest, under their own responsibility, that the copies of the documents sent are in conformity with the original according to a formula of the type: “DECLARE under our sole responsibility, that the copies of the documents sent by PEC and included in the list above prepared ARE in CONFORMITY with THE ORIGINAL.
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It is compulsory to attach a copy of the identity document along with the certification documents that prove the credit represented by bills of exchange and cheques must be for law to be deposited in original at the registry of the Court on or before the day of the hearing. The originals of the documents other than bills of exchange and cheques can be useful for the hearing if required, as well as the receipt of the PEC sent. Be careful because all the applications filed or sent by regular mail to the registry are not examined, as well as the questions sent to the editor in the paper format. The application shall be indicated the address of certified electronic mail on which to receive all communications. In the event of errors or omissions on the part of the certified e-mail all communications will be made only by deposit in the court registry.
To avoid any error or omission that might exclude the question, it is appropriate to seek assistance from a professional, especially if the documents is complex.
The deadline for submitting the application is thirty days from the date of the hearing for verification of liabilities” which is communicated generally by the liquidator to all creditors that are from the accounting records. It may be the case that any creditor does not receive the invitation of the Curator to report to the security question: this happens often, through no fault of the curator, but because the company failed has not entered the creditor between its accounting records or when the curator is not managed to recover all the company's documents failed. In these cases, it is possible to submit an application in time delay (the so-called question of late) that, essentially, does not result in the loss of any right to be admitted, unless the questions ultra late. Applications submitted more than thirty days from the hearing for verification of liabilities and, in any case, not beyond twelve months from the filing of the decree of enforceability of the passive state” are valid, even if late. In this case, you will always have the right to participate in the distribution of the sums. To verify the expiration of the last term, which is the filing date of the “decree of enforceability of the passive state” you can contact the editor or check at the office of the Chancellery of the bankruptcy Court. All applications submitted after the deadline indicated above (one year from the date of the filing of the decree of enforceability of the passive state may not be able to more to be admitted, and then the credit will be lost, unless the creditor proves that the delay is not due to him. This is a proof almost impossible to provide because, a year after the failure, it is difficult to prove that the non-involvement of the creditor to recover his her credit is not due to neglect. The undersigned C H I And D And admission to the bankruptcy liabilities of its credit for the sum of the following documents:))) INDICAai the purpose of subsequent communication to the following address of certified electronic mail. PLACE AND DATATIMBRO AND SIGNATURE I am aware that any false declarations are punished pursuant to the criminal code and special laws in force in the matter, under sole responsibility, that the copies of the documents sent by PEC and included in the list above prepared ARE in CONFORMITY with THE ORIGINAL. PLACE AND DATAFIRMA You attach a non-authenticated photocopy of their identity document.
A brief statement of the facts and the elements of law that constitute the reasons for the demand.
- calculation T. R, with a separate indication of the total sum and possibly accrued up to.
and the next one, specifying what is required for the treatment of end relationship and as to the title of the revaluation of the currency - the quantification of the credit for the revaluation of the currency from the date of maturity thereof until the date of verification of the credits fixed in the judgment and the credit for statutory interest on the amount to be revalued at the same date - note expenses and fees for the amount of the credit with the indication of the advances previously received - the letter of appointment and or contract of consultancy or collaboration, a certain date prior to the bankruptcy - a detailed report of the activities actually carried out, complete with supporting evidence, that is, of the most significant acts in places in the be - copies of the invoices issued by the bankrupt company, which resulted in the credits of commissions or extract analytic account of the sales - copy of the “Unique Model” is the framework relative to the volume of business TAX) for the years in which they arose, the reasons for the credit - a statement certifying the number of employees in the period in which they arose, the reasons for the credit - a statement certifying the use of capital goods in the exercise of entrepreneurial activity, as well as the quality of goods produced and services rendered, usually at the company - the certificate of the prefect and of the C.
certifying the qualification of cooperative production and of work - a full-text copy of the memorandum and of the articles of association in force at the time of the onset of the credit, with the list of employees who are members of the cooperative - a full-text copy of the budget, with explanatory notes and the directors report, relative to the period in which it has risen in the credit - a full-text copy of the memorandum and of the articles of association in force at the time of the onset of the credit, with the list of members having all the qualification of the farmer - a full-text copy of the budget, with explanatory notes and the directors report, relating to the period in which it has risen in the credit - account statement of the transactions that occurred up to the time of termination of the contract or of the bankruptcy declaration - the documents attesting the possible resolution with a date certain prior to the bankruptcy declaration - a copy of the statements of account of the operations carried out in the year preceding the declaration of bankruptcy - repayment plan outlining the instalments remain unpaid, are distinct for the principal portion and interest portion, so as to show clearly that the residual capital and the related share of interest also for the determination of the temporality of privilege ex art. - copy of the title attesting the ownership of the property in the possession of the bankrupt, having a certain date prior to the bankruptcy after a judgment of bankruptcy, the company has issued a note of a variation on the claim. we presented, for instance, through the pec, for the lodgement but the curator there, and the rejected. Then after a tax audit, given that the curator has rejected the instance, the note of change that was issued (credit loss) has been challenged. with this wondering if for tax purposes is correct, such a dispute because the credit we claimed is certain and provable. I would like to kindly know how many employees are enough to derail a company that regularly pays its employees. thanks I can work my way to passive of a construction company not having made the ten-year insurance policy on a new building I has compensated the expenses incurred for the accommodation of the defects are clearly due to the execution of the works, to the rule of art. Are in possession of written requests sent to the company but they never responded, and invoices of the company that executed the renovations.
