The provision of detective services to arbitration managers

[Шубкин Р.Л.]

Dear Colleagues!
It is not news to anyone that civil disputes within the framework of arbitration court cases are an information storehouse for a detective. An incredible amount of information about debtors, property and claims of creditors, their tactics and strategies for the seizure and concealment (withdrawal) of property contains the site of the EFRSB https://bankrot.fedresurs.ru/ and file cabinet of affairs on CAD - mobile version . However, I did not find a law enforcement practice for the participation of detectives in these categories of cases (involving them as third parties, as specialists in bankruptcy cases). Yes, there are schemes for authorship - toys - smeshariki, unlicensed, and so on, but the detective does not take part as a specialist in bankruptcy cases! I did not see a single one! (bad looking?)
In accordance with Art. 20.7 FZ of October 26, 2002 N 127-ФЗ "On insolvency (bankruptcy)", the arbitration court at the request of the arbitration manager may approve the amount of remuneration to the involved specialist. This moment in the work of the detective is the starting point, because determines his status in the case as an involved specialist.
Currently, I am collecting materials on participating as a specialist in bankruptcy cases. I ask colleagues to respond for discussion, as Ahead of the formation of judicial practice. There are chances!

 

[Детективное агентство ОПЦИОН]

Arbitration managers appealed. During the negotiations, it was found out that the amount of remuneration for the search and return of property is so small that, according to the law, they can’t pay more to work at a loss. And various schemes for receiving remuneration through the sale of property at a lower cost can then go sideways. Therefore, they refused to work with them

 

[Шубкин Р.Л.]

Arbitration managers appealed. During the negotiations, it was found out that the amount of remuneration for the search and return of property is so small that, according to the law, they can’t pay more to work at a loss. And various schemes for receiving remuneration through the sale of property at a lower cost can then go sideways. Therefore, they refused to work with them

Right! There are limits approved by the arbitral tribunal for the costs of attracted specialists. However, the actual customer of the detective who has entered the process can be not only AU, but also both the creditor and the debtor. And it depends on the actual initiators and approach to the bankruptcy case. An important mechanism is the quick involvement of a specialist - a detective, who has sought evidence on the basis of which the position is either strengthened or weakened. Yes, indeed 50,000 rubles will not be enough to establish the location of the debtor's movable property worth 5-6 million rubles. but this is a subjective judgment, and, as a party to the matter, you may have other perspectives, including influence on the procedure. And exactly in this - the essence: to become a party in business. Become a specialist in bankruptcy.
Negative experience is welcomed, but I would like to hear about the details of the application of the Federal Law On Public Accounts and Public Accounts in the framework of the Federal Law "On Insolvency (Bankruptcy)"

 

[Демитрий]

Dear Colleagues!
It is not news to anyone that civil disputes within the framework of arbitration court cases are an information storehouse for a detective. An incredible amount of information about debtors, property and claims of creditors, their tactics and strategies for the seizure and concealment (withdrawal) of property contains the site of the EFRSB https://bankrot.fedresurs.ru/ and file cabinet of affairs on CAD - mobile version . However, I did not find a law enforcement practice for the participation of detectives in these categories of cases (involving them as third parties, as specialists in bankruptcy cases). Yes, there are schemes for authorship - toys - smeshariki, unlicensed, and so on, but the detective does not take part as a specialist in bankruptcy cases! I did not see a single one! (bad looking?)
In accordance with Art. 20.7 FZ of October 26, 2002 N 127-ФЗ "On insolvency (bankruptcy)", the arbitration court at the request of the arbitration manager may approve the amount of remuneration to the involved specialist. This moment in the work of the detective is the starting point, because determines his status in the case as an involved specialist.
Currently, I am collecting materials on participating as a specialist in bankruptcy cases. I ask colleagues to respond for discussion, as Ahead of the formation of judicial practice. There are chances!

Good day, colleague! Yes, the topic is interesting and promising. I also talked with AU on these issues, but the whole problem is that they do not want to share their bread, just like the notaries in cases of contract inheritance. But if I still push this issue, then I will definitely share my experience. And I urge all colleagues to do this!)

 

[Андрей Захаров]

I completely agree with Alexander and Dmitry .... Also, negotiations were held to participate in bankruptcy proceedings and the search for property .... But the question "rests" on the size of the payment .... So there is good practical experience in concluding contracts with managers are not available .... And, it seems that, in principle, there will be no mass involvement of BHs in this area of activity .... Unless of course someone agrees to work for a penny ....

 

[De fakto Syktyvkar]

I had experience with AU, and they were happy with everything, that there is a license, and that I was ready to go to any subject in case of finding a wanted vehicle, but as it came to paying for services, it turned out that on average 10,000 rubles could be paid, for the unit found. They laughed, fled.