Sample agreement with arbitration manager
The institution of an arbitration manager is a systemic and holistic concept, which necessarily includes representing the interests of creditors and, at the same time, the debtor, and, at the same time, representation on behalf of the state.
This relationship is visible in the logic of the rights and obligations assigned to the arbitration manager in each of the bankruptcy procedures.
How to draw up an agreement with an arbitration manager?
A financial (arbitration) manager is a person with a higher education who has passed a qualification exam, is a member of an SRO and has at least 2 years of experience as a manager.
How much will the entire bankruptcy procedure cost?
Each case is considered individually. During the consultation, the Arbitration Manager studies the case and, based on practice, decides whether you should pursue bankruptcy filing or not, and announces the full cost of the debt write-off procedure before signing the contract.
During the meeting, you will receive all the necessary information and make a decision: whether to pursue bankruptcy or not. To see the whole “picture” as a whole, it will take from thirty minutes to an hour and a half of time.
If you are quoted a fixed amount for the provision of services for filing bankruptcy of an individual without a personal meeting and detailed familiarization with the situation - be vigilant! This is how people act who are either incompetent or deliberately deceiving people who find themselves in a difficult situation!
An expert assessment of your particular situation will also require answers to some questions that the specialist will ask during the conversation.
We recommend: Checking for bankruptcy of individuals
Our clients have different situations: one was fired from his job and has only one consumer loan, the other has nine loans from banks, including a mortgage loan, as well as alimony payments, divorce from his wife, etc.
Therefore, not a single professional will announce the cost of services for writing off debts and the procedure for filing bankruptcy of an individual without first carefully delving into the circumstances and details of the case.
Sample agreement with an arbitration manager
Important
As part of legal assistance in bankruptcy, our specialists will conduct an examination of the company to determine its readiness to start a case in arbitration court. Our clients receive professional advice on the legal grounds for declaring a debtor bankrupt and the possible consequences of bankruptcy proceedings. Preparing for bankruptcy. Our lawyers will prepare a legal entity for the procedure, draw up an application for declaring the debtor company bankrupt, and provide assistance in choosing an arbitration manager.
For strategic enterprises, we can propose our own candidacy for an arbitration manager.
Managing bankruptcy.
Is filing for bankruptcy beneficial for individuals?
Based on practice, people pay definitely less after the bankruptcy procedure than in monthly bank payments in connection with loans.
We recommend: Comprehensive support for bankruptcy procedures
Payments after registration are a much smaller amount, which allows you to breathe freely and get rid of constant stress.
In addition, you will be freed from fines and penalties for late payments, the amount will be fixed. In other words: you will buy your peace of mind for a clearly agreed amount.
How long does it take to complete bankruptcy proceedings?
It's not as fast as we would like. However, you will forget about bank calls and visits from bailiffs immediately after you enter into an agreement. We'll take your worries away.
Expensive or not?
In addition to gaining peace of mind, our clients reduce payments by two to three times their original monthly loan payment. Is it worth paying for registration or continuing to pay interest and unaffordable loans - the answer is obvious.
Sample agreement with arbitration manager for financial analysis
DURATION OF THE AGREEMENT"8. CONTRACT TIME
8.1. This Agreement comes into force from the moment the Policyholder makes the first insurance premium (clause 4.3 of this Agreement) and is valid until ___________________.
8.2. This Agreement is extended for the next term unless the Policyholder notifies the Insurer of its refusal to renew it no later than one month before the expiration of the Agreement (clause 8.1).
The validity of the Contract extended for the next term does not terminate if the Policyholder is late in paying the insurance premium or making the next insurance premium by no more than thirty days. When the Contract is renewed for a new term, the insurance premium is paid in accordance with the insurance rates in force on the date of payment.
8.3.
Agreement between the bankruptcy trustee and the lawyer
Article 129. Powers of the bankruptcy trustee
1. From the date of approval of the bankruptcy trustee until the date of termination of bankruptcy proceedings, or the conclusion of a settlement agreement, or the removal of the bankruptcy trustee, he exercises the powers of the head of the debtor and other management bodies of the debtor, as well as the owner of the property of the debtor - a unitary enterprise within the limits, in the manner and on the conditions established by this Federal Law.2. The bankruptcy trustee is obliged to:
take charge of the debtor’s property, conduct an inventory of such property no later than three months from the date of commencement of bankruptcy proceedings, unless a longer period is determined by the court considering the bankruptcy case, based on the petition of the bankruptcy trustee in connection with a significant amount of the debtor’s property;
(as amended by Federal Law dated June 23, 2016 N 222-FZ)
(see text in the previous edition)
include in the Unified Federal Register of Bankruptcy Information information on the results of the inventory of the debtor’s property within three working days from the date of its completion;
(paragraph introduced by Federal Law dated July 28, 2012 N 144-FZ)
engage an appraiser to evaluate the debtor's property in cases provided for by this Federal Law;
(as amended by Federal Law dated July 28, 2012 N 144-FZ)
(see text in the previous edition)
take measures aimed at searching, identifying and returning the debtor’s property held by third parties;
take measures to ensure the safety of the debtor’s property;
notify the debtor's employees of the upcoming dismissal no later than within a month from the date of commencement of bankruptcy proceedings;
make demands on third parties who have a debt to the debtor for its collection in the manner established by this Federal Law;
submit, in accordance with the established procedure, objections to the claims of creditors presented to the debtor;
maintain a register of creditors' claims, unless otherwise provided by this Federal Law;
transfer for storage the debtor's documents subject to mandatory storage in accordance with federal laws. The procedure and conditions for transferring the debtor's documents for storage are established by federal laws and other regulatory legal acts of the Russian Federation;
enter into transactions in which there is an interest only with the consent of a meeting of creditors or a committee of creditors;
perform other duties established by this Federal Law.
(Clause 2 as amended by Federal Law dated December 30, 2008 N 296-FZ)
(see text in the previous edition)
3. The bankruptcy trustee has the right:
dispose of the debtor's property in the manner and under the conditions established by this Federal Law;
dismiss the debtor's employees, including the debtor's manager, in the manner and under the conditions established by federal law;
declare refusal to execute contracts and other transactions in the manner established by Article 102 of this Federal Law. The bankruptcy trustee does not have the right to declare a refusal to fulfill the debtor’s contracts if there are circumstances that impede the restoration of the debtor’s solvency;
the paragraph is no longer valid. — Federal Law of December 30, 2008 N 296-FZ;
(see text in the previous edition)
submit to the arbitration court on behalf of the debtor applications for the invalidation of transactions and decisions, as well as for the application of the consequences of the invalidity of void transactions concluded or executed by the debtor, claims for recovery of losses caused by the actions (inaction) of the debtor’s director, persons on the board of directors (supervisory council), collegial executive body or other management body of the debtor, the owner of the debtor's property, persons acting on behalf of the debtor in accordance with a power of attorney, other persons acting in accordance with the constituent documents of the debtor, bring claims for recovery of the debtor's property from third parties, for termination contracts concluded by the debtor, and perform other actions provided for by federal laws and other regulatory legal acts of the Russian Federation and aimed at returning the debtor’s property;
(as amended by Federal Law dated April 28, 2009 N 73-FZ)
(see text in the previous edition)
exercise other rights related to the performance of the duties assigned to him, established by this Federal Law.
4. Lost power. — Federal Law of April 28, 2009 N 73-FZ.
(see text in the previous edition)
5. If there are grounds established by federal law, the bankruptcy trustee makes claims against third parties who, in accordance with federal law, bear subsidiary liability for the debtor’s obligations.
(as amended by Federal Law dated April 28, 2009 N 73-FZ)
(see text in the previous edition)
The paragraph is no longer valid. — Federal Law of April 28, 2009 N 73-FZ.
(see text in the previous edition)
6. The meeting of creditors has the right to decide to terminate the debtor’s economic activities, provided that such termination does not entail man-made and (or) environmental disasters, cessation of operation of facilities used to support the activities of preschool educational organizations, other educational organizations, medical institutions , facilities used for the organization of pre-hospital care, ambulance and emergency outpatient clinics, inpatient medical care, communal infrastructure facilities related to life support systems, including water, heat, gas and energy supply facilities, drainage, wastewater treatment, processing, recycling, neutralization and burial of solid municipal waste, objects intended for lighting the territories of urban and rural settlements, objects intended for improvement of territories (hereinafter referred to as socially significant objects) necessary for the life support of citizens. The bankruptcy trustee is obliged to stop the debtor's production of goods (performance of work, provision of services) based on the decision of the creditors' meeting to terminate the debtor's business activities within three months from the date of such decision.
Sample agreement with the arbitration manager of the presence of signs
- during the three years preceding the date of joining the SRO, there were no cases of exclusion from membership of this or another organization, or decisions on disqualification.
The activities of citizens joining an SRO are subject to mandatory liability insurance.
Additional criteria for selecting company participants are determined individually for each organization
Approval for position
The appointment and release of a citizen from fulfilling obligations occurs by court decision for legal entities and on the basis of a deposit insurance agency competition for banks.
The selection of a citizen for appointment to the position of manager is carried out by the court, but the meeting of creditors has the right to nominate its candidacy for consideration and approval.
The Insurer undertakes, upon the occurrence of an insured event, to make an insurance payment to the Insured or the Beneficiary in the amount of losses caused, established by a court decision that has entered into legal force, but not exceeding the amount of the insured amount, and the Insured undertakes to pay the Insurer an insurance premium (insurance premiums) in the amount, procedure and terms, established by this Agreement.
1.3. The relationship between the Parties is governed by the Rules for Liability Insurance of Arbitration Managers N _____ (hereinafter referred to as the “Rules”), agreed upon with the self-regulatory organization, which are an integral part of this Agreement.
If the bankruptcy trustee refuses to appoint, what is the next procedure?
What happens in practice?
None of the managers in a randomly selected SRO usually agrees to work with an unknown debtor for 25 thousand rubles. The SRO does not have the right to force the manager to work in a bankruptcy case without his consent. Therefore, the SRO sends a message to the arbitration court about the absence of a candidacy for a financial manager, due to the fact that none of the managers expressed a desire to work in this case.
At a meeting of creditors, a decision may be made on additional remuneration. The percentage remuneration depends on how well the manager does his job: 7% of the amount of satisfied claims from the register, if more than 75% of the obligations were repaid; 6% - more than 50%;
OBJECT OF INSURANCE
2.1.
Federal Law of October 26.
2002 N 127-FZ “On Insolvency (Bankruptcy)” (hereinafter referred to as Law N 127-FZ) bankruptcy proceedings are a procedure applied in a bankruptcy case to a debtor declared bankrupt, in order to proportionately satisfy the claims of creditors. According to paragraph.
Conclusion of an agreement by the bankruptcy manager
Attention The arbitration manager represents the bankrupt debtor, creditors and the state. Elements characteristic of the legal status of a representative on behalf of the state are the main ones in comparison with other elements (representative of creditors and representative of the debtor).
2. Important The main element, i.e. the legal status of a state representative carries certain features of actions on behalf of the state, and not on one’s own behalf or on behalf of the debtor as a legal entity, or on behalf of creditors.
The legal status of the arbitration manager has four main characteristics:
1. The arbitration manager represents the bankrupt debtor, creditors and the state. Elements characteristic of the legal status of a representative on behalf of the state are the main ones in comparison with other elements (representative of creditors and representative of the debtor).
2. Basic element, i.e. the legal status of a state representative carries certain features of actions on behalf of the state, and not on one’s own behalf or on behalf of the debtor as a legal entity, or on behalf of creditors.
3. The institution of an arbitration manager is a systemic and holistic concept, which necessarily includes representing the interests of creditors and, at the same time, the debtor, and, at the same time, representation on behalf of the state.
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If arbitration managers refuse to handle a bankruptcy case, what should you do?
https://kad.arbitr.ru/PdfDocument/a12b879d-2bb3-41a4-84a1-ea59415f6cbf/A12-48067-2015_20160226_Opredelenie.pdf 5) Lawyers, lawyers are not needed here, they just charge 10-40 tr. for drawing up and filing a bankruptcy petition in court, while, most likely, these lawyers or attorneys do not have an agreement with the relevant arbitration manager.
An arbitration manager can do the same thing much cheaper and at the same time carry out the bankruptcy procedure.
6) Therefore, I recommend that you contact arbitration managers directly, bypassing intermediaries (lawyers, attorneys) to save money and time. 7) According to Federal Law No. 127 “On Insolvency (Bankruptcy)”, in addition to payment of 10 tr.
manager's remuneration, 6 tr.
state fees You are also required to reimburse all expenses of the financial manager for the procedure.
This is an average of 30-40 tr. However, arbitration managers for a fee of 10 tr.
+ expenses don’t work, including me, because...
Agreement for the provision of legal services bankruptcy
"Office Service Project" offers assistance in bankruptcy of enterprises and individual entrepreneurs at all stages of the procedure.
Attention
Agreement). The basis for payment of insurance compensation is the application of the Insured or Beneficiary about the insured event with the attachment of documents confirming it.
6.2. The Insurer pays insurance compensation in the amount of losses caused to the Beneficiary, established by a court decision that has entered into legal force, but not exceeding the amount of the insured amount under this Agreement (clause 4.1 of this Agreement).
6.3. Insurance compensation is paid by the Insurer within the following terms: ___________.
6.4.
Insurance compensation is paid in rubles in a one-time payment to the settlement account of the Beneficiary or to the settlement account of the Insured, if the latter independently paid the amount of losses (insurance compensation) with the written consent of the Insurer.
