Establishing the Percentage Compensation of the Insolvency Receiver in Satisfying the Claims of Subordinated Creditors
( Pp. 317-328)

More about authors
Voronov Fedor Alexandrovich postgraduate student of the Business and Corporate law Department of the
Kutafin Moscow State Law University (MSAL)
Moscow, Russia Kopchenov Yuri Alexandrovich bankruptcy trustee, Member of the Association of Self-Regulated Organization of Arbitration Managers «Interregional Center of Experts and Professional Managers» (Association SRO «MCPU»), postgraduate student of the Department of Private Law Disciplines
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Moscow, Russia
Abstract:
The article considers situations of potential conflict of material, personal interest of the insolvency receiver and the interests of other participants of the bankruptcy case in relation to the establishment of compensation of the insolvency receiver for the repayment of claims, which are taken into account in the order preceding the distribution of the liquidation quota. The article illustrates the imperfection of the current legal regulation in this regard. It is proposed to reform the current regulation based on the principle of reasonableness, expressed in the calculation of interest based on the amount of payments that the receiver used to repay creditors' claims, regardless of their legal status.
How to Cite:
Voronov F.A., Kopchenov Y.A., (2022), ESTABLISHING THE PERCENTAGE COMPENSATION OF THE INSOLVENCY RECEIVER IN SATISFYING THE CLAIMS OF SUBORDINATED CREDITORS. Gaps in Russian Legislation, 4 => 317-328.
Reference list:
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Drancova K.V. The legal regime of creditors' claims for current payments in insolvency (bankruptcy) proceedings.// Dis. Sankt-Petersburg 2017, https://disser.spbu.ru
Egorov A.V. Impact of affiliation on bankruptcy. // Civilistika, 2021, № 2. p. 20-67
Zaloilo M.V., Vlasenko N.A., SHubert T.E. Chapter 4. The concept, forms and content of court practice// Judicial Practice in Russia's Modern Legal System: Monograph / T.Y. Khabrieva, V.V. Lazarev, A.V. Gabov et al. ed. by T.Y. Khabrieva, V.V. Lazarev. Moscow: IZiSP, NORMA, INFRA-M, 2017. 432 p. // 'Consultant+'.
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Keywords:
bankruptcy, bankruptcy trustee compensation, subordination of creditor`s claims, affiliation, reasonableness, fairness, analogy of law.


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