Bankruptcy in a new fashion

The bill is aimed at cardinal change of approaches to such procedure of bankruptcy, as financial improvement, for seven years of the existence meanwhile not justified in practice. Perfection of rehabilitation procedures during bankruptcy — a measure, undoubtedly, necessary, therefore revision of norms about financial improvement of the debtor deserves support. In particular, it is possible to approve the offer of developers of the bill on possible division of requirements of creditors on classes depending on the similar nature of these requirements, the status of creditors and simply identical economic interests. Voting of creditors by classes at approval of the plan of financial improvement essentially will complicate work of the administrative managing director, however it nevertheless will allow to consider opinion of the majority of creditors, in the maximum degree interested in restoration of solvency of the debtor.

Correction of mistakes

At the same time a number of positions of the bill demands the further study.

In the bill it is offered to change the maintenance of item 2 of item 7 of the Law on bankruptcy, having given to competitive creditors and the authorised bodies the right to the reference in arbitration court from the moment of approach of a date of performance of obligations, instead of from the moment of the introduction into validity of a judgement, arbitration or the arbitration court about collecting from the debtor of money resources. The similar innovation raises serious doubts.

In due time according to item 4 of item 4 of the Law on bankruptcy of 1998 the size of liabilities under requirements of creditors was considered established if it has been confirmed not only the judgement which has entered validity, but also the documents testifying to a recognition by the debtor of these requirements. Realisation of the given norm in practice has led to that there were «custom-made bankruptcies» when unfair creditors initiated processes of bankruptcy concerning the profitable enterprises, using that the Law allowed them not to prove the requirements to the debtor the judgement which has entered validity.

At that time the Presidium YOU the Russian Federation in the Circular from 06.08.99 №43 «Questions of application of the Federal law« On an inconsistency (bankruptcy) »in judiciary practice» has noticed that the creditor should take measures for reception of debts out of bankruptcy procedures. And only if these measures have not led to debts reception, the creditor can put in the statement for a recognition of the debtor the bankrupt.

As a result in the current Law on bankruptcy of the right of creditors and the authorised bodies on the reference in arbitration court with the statement for a recognition of the debtor the bankrupt at first have been put in dependence on their reference in service of court enforcement officers, and then — it is simple from the introduction into validity of the decisions of the courts confirming presence and the size of their requirements to the debtor.

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