ARCHIVE FOR 2011 RUSSIAN
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Август 2011
CONTENT
FROM THE EDITORIAL OFFICE
INTERVIEW OF THE ISSUE
ON THE COURT
THE COURT FOUND
CASE OF INTEREST
ANALYTICS: COVER STORY
Aibatulin К.К. Specifics of appealing against orders on termination of bankruptcy proceeding The present article describes legal problems arising upon the appeal against orders on termination of bankruptcy proceeding. Very often the person participating in a bankruptcy case could not file such claim due to the fact that according to the documents the bankrupt organization had been liquidated. The legislator tried to improve the situation and introduced amendments to the law, but was this initiative successful and does the new regulation need further improvements?
Keywords:
termination of bankruptcy proceeding, appeal against court orders, liquidation of the debtor, termination of claim proceeding
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Tarasenko А.А. Joint responsibility of persons exercising control over the debtor in an auction: past, present, prospects for the future The present article analyzes issues related to the development of joint responsibility of persons exercising control over the debtor. The author gives argumentation for the importance of effectiveness of this responsibility mechanism for the purposes of protection of the creditors’ property rights; investigates disputable issues of law enforcement and proposes solutions for the discovered problems. Besides, the author makes an attempt to analyze the development prospects of the aforementioned institution in Russia.
Keywords:
joint responsibility, debtor, bankruptcy, controlling person
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Bezhan А.V. The ways of exercising control over the activity of the insolvency officer The author of the present article points out the gaps which allow the insolvency officers to abuse their position in the course of bankruptcy procedure. Besides, the author mentions that careful control from the side of bankruptcy creditors is the only way to avoid unreasonable costs and violation of rights.
Keywords:
bankruptcy, insolvency officer, disposal of the debtor’s property, bankruptcy creditors
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Krytsula А.А. Legal status of the founder (participant) of the legal entity in case of insolvency (bankruptcy) The article is dedicated to the legal status of the founder (participant) of the debtor – legal entity. The author analyzes problems related to the legal status of the founders of unitary enterprises in case of insolvency (bankruptcy), discovers inconsistencies in legal regulation of challenging transaction in case of bankruptcy, introduces proposals on the improvement of the effective legislation on insolvency (bankruptcy).
Keywords:
insolvency (bankruptcy), legal status of the founder, insolvency officer, joint responsibility, abuse of rights
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Kabashny Е.G. On insolvency (bankruptcy) of individual entrepreneurs The present article studies the problem of regulation of the insolvency (bankruptcy) procedure of individual entrepreneurs. The author conducts legal analysis of the draft regulation of the Plenum of the Supreme Arbitrary Court of RF “On investigation of cases on the bankruptcy of individual entrepreneurs” to the extent of disputable issues.
Keywords:
bankruptcy, individual entrepreneur, debtor, creditor, arrest of property
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Tolstorebrova Е.N. Obtaining the participant status and the relevant rights in a bankruptcy case The present article analyzes provisions of the bankruptcy law, explanations of the Supreme Arbitrary Court of RF, the orders of the appellate court connected with establishment of the scope of rights of persons participating in a bankruptcy case and the creditor’s status. The author touches upon the problems of persons executing particular procedural actions in a bankruptcy case provided such persons do not possess the status of case participant.
Keywords:
subjective content of the bankruptcy case, the right to appeal against court orders, obtaining the creditor’s status, the person willing to satisfy the creditors’ claims
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