The main idea of restructuring of legal entities is achievement of a compromise of the creditor and debtor and the choice of methods of restructuring or their combination.
Briefly about restructuring
- Petition for introduction of the plan of financial improvement
At the time of the entry of legal entity in an insolvency stage the law allows to address with the petition the trustee for scheduling and synthesis of data for the introduction in restructuring.
The plan of financial improvement represents the analysis of a relevant situation of the legal entity and efficiency of the introduction in restructuring. The trustee will submit for approval of the plan to subordinated court the specified petition.
The debtor will apply to the petition:
- Plan of financial improvement
- Data on property of the debtor
- Data on ensuring execution by the debtor of obligations
- Accounting report or other documentation
The debtor undertakes to fulfill the debt obligations approved by the plan, and creditors are given the chance to demand from the debtor of execution of debt obligations only according to the plan.
From the moment of the beginning of judicial proceedings the law establishes for the debtor protection of his interests which is shown that office-work in everything to the current disputes of the debtor stops.
The court confirms with the judgment the plan of financial improvement which it comes into force.
The debtor who has submitted the petition for introduction of financial improvement independently will prepare the plan which will offer on a statement to creditors. The creditor who has submitted the petition for introduction of financial improvement will prepare the plan of restructuring which will coordinate further with the receiver. The plan represents two parts:
The first part – descriptive (the analysis, restructuring methods, change of debt obligations, information on property of the debtor, the translation of the property right of the debtor, change of a legal form, the property relations, ways of acquisition of property etc.)
The second part of the plan – an obligations part (a compromise between creditors and the debtor regarding their rights and duties).
End of the plan of restructuring can take place as follows: the debtor undertakes to fulfill the obligations approved by the plan, and creditors are given the chance to be required performance of obligations of the debtor only according to the plan of restructuring.
In addition in respect of restructuring there can be regulations on control of the debtor by the receiver not only during restructuring, but also after it.