Features of Bankruptcy in Simplified Bankruptcy Procedures
( Pp. 100-104)

More about authors
Pilchina Damira Zh. lecturer, Department of Civil Law and Procedure, postgraduate student
International Law Institute
Moscow, Russian Federation
Abstract:
In this article, the author sets the goal of studying the specific characteristics of simplified bankruptcy procedures, within the framework of which the features of the legal regulation of bankruptcy proceedings in simplified bankruptcy procedures of special debtors are considered: a liquidated debtor, an absent debtor, as well as a specialized company and a mortgage agent. The Bankruptcy Law excludes the application of monitoring, financial rehabilitation and external management procedures in relation to these special debtors, aimed at assessing the debtor's financial condition and implementing rehabilitation measures to restore his solvency, which corresponds to the task of reducing the duration and resource intensity of simplified bankruptcy procedures. The specifics of bankruptcy proceedings in respect of absent and liquidated debtors are insignificant, which do not allow to separate simplified bankruptcy proceedings as a special procedure. Bankruptcy proceedings carried out in relation to a specialized company and a mortgage agent do not have a wide practical application due to the organizational «protection» of these legal entities from bankruptcy. The author concludes that the current legislative regulation of simplified bankruptcy procedures does not contain significant differences between simplified bankruptcy proceedings and ordinary competition, which is a significant drawback of the legal regulation of simplified bankruptcy. The author presents proposals to simplify the procedure for bankruptcy proceedings of absent and liquidated debtors, including the rejection of mandatory quarterly meetings of creditors and the transition to simplified reporting of the bankruptcy trustee, proposals related to reforming the procedure for the sale of the debtor's property, including by developing a separate procedure for the sale of property in simplified bankruptcy procedures, as well as simplification of the procedure for the sale of receivables arrears.
How to Cite:
Pilchina D.Z., (2022), FEATURES OF BANKRUPTCY IN SIMPLIFIED BANKRUPTCY PROCEDURES. Economic Problems and Legal Practice, 4 => 100-104.
Reference list:
Barinov A.M., Bushev A.Yu., Gorodov O.A., etc. Commentary to the Federal Law «On Insolvency (Bankruptcy)» (article by article) / edited by V.F. Popondopulo. 5th ed., reprint. and additional m.: Prospect, 2017. 1200 p.
Ivanov O.M. Securitization of credit: three challenges to the law // Bulletin of the O.E. Kutafin University (MGUA). 2016. N 2. pp. 58-77.
Inhireeva M.N. Features of the legal status of creditors in the bankruptcy of a specialized company and a mortgage agent // Banking law. 2015. N 5. pp. 2329.
Kostina K.A. Simplified bankruptcy procedures: general characteristics and correlation with general bankruptcy procedures // Young Scientist. -2019. -№ 46 (284). -Pp. 141-143.
The ruling of the Supreme Court of the Russian Federation of 25.06.2021 No. 303-ES21-5541 // SPS «Consultant Plus». Date of application: 13.08.2022
The ruling of the Supreme Court of the Russian Federation of 27.07.2017 N 305-ES17-4728 in the case N A40-55621/2016 // SPS «Consultant Plus». Date of application: 13.08.2022.
Resolution of the Arbitration Court of the West Siberian District of 03.12.2021 N F04-6889/2021 in case N A46-23840/2019 // URL: https://kad.arbitr.ru. Date of application: 13.08.2022.
Draft Federal Law No. 1172553-7 «On Amendments to the Federal Law «On Insolvency (Bankruptcy)» and Certain Legislative Acts of the Russian Federation» (as amended by the State Duma of the Federal Assembly of the Russian Federation, text as of 05/17/2021) // SPS «Consultant Plus». Date of application: 13.08.2022.
Sarnakova A.V. Ensuring the protection of the rights and legitimate interests of creditors in the bankruptcy of the debtor (beginning) // Lawyer. 2020. N 4. pp. 60-65.
Fedresurs Statistical Bulletin on Bankruptcy as of June 30, 2022. -2022. -URL.: https://fedresurs.ru/news/5721298e-4302-4ee1-af83-139a59e568c8. Date of application: 13.08.2022
Telyukina M. System analysis of the observation procedure and practical problems of its implementation // Economy and law. 2018. N 5. p. 3-25.
Keywords:
bankruptcy law, insolvency, bankruptcy, simplified procedures, absent debtor, liquidated debtor, bankruptcy proceedings.


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