Article 87. Establishing Amount of Creditors' Claims
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
In order to participate in the first meeting of creditors, creditors shall have the right to present their claims against the debtor within thirty days from the date of publication of information in the mass media about the introduction of a monitoring procedure in relation to the debtor. The creditors' claims shall be sent by the creditors to the court, the debtor and the temporary manager with the attachment of a judicial act or other documents confirming the validity of these claims.
The debtor shall have the right to file their objections to the court in relation to the creditors' claims, which have grounds for recognizing them as established, if:
there is a judicial act that has entered into legal force, repealing or amending the judicial act presented by the creditor as a basis for recognizing the claims as established, as well as suspending its operation or changing the method and procedure for its execution;
there is a document that cancels or changes the document (recognition of a debt, executive inscription of a notary, etc.) presented by the creditor as a basis for recognizing the claim as established, as well as suspending its operation;
an agreement has been concluded between the debtor and the creditor on changing the terms, procedure and conditions for repaying the debt on the basis of the document submitted by the creditor as evidence of classifying the claim as established;
debtor has made full or partial repayment of the debt;
there is evidence of a change in the person in the obligation under which the claim is made.
The temporary manager shall have the right to send to the court objections to the claims of creditors recognized in accordance with this Law, if the temporary manager has sufficient grounds to believe that the actions of the debtor to recognize the debt violate the rights and legitimate interests of other creditors and (or) are unfounded.
The objections of the debtor, the temporary manager on the claims of creditors may be submitted to the court within a week from the date of receipt of the relevant claims. Claims of creditors against which objections have been received shall be considered at a court session. Based on the results of the consideration, a court ruling shall be issued to include or to refuse to include the said claims in the register of creditors' claims. The creditor's claim, against which the debtor or the temporary administrator has not filed objections within the specified period, shall be entered in the register of creditors' claims in the amount declared by the creditor.
