On the issue of the integrity of the actions of bankruptcy managers in the bankruptcy procedure

Автор: Reshnyak M.G., Slepko G.E., Zagaynov М.R.

Журнал: Вестник Алтайской академии экономики и права @vestnik-aael

Рубрика: Экономические науки

Статья в выпуске: 5-1, 2023 года.

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The relevance is due to the growing number of appeals to the courts about challenging the actions of bankruptcy managers, who, contrary to the requirements of the law, logic and common sense, require foreclosure on property that is not the subject of such for various reasons. The article discusses some problems of expediency, good faith and reasonableness of the actions of bankruptcy managers in terms of challenging the transactions of debtors-participants in economic turnover. The authors believe that it is from a properly structured, expedient and legitimate system of challenging the debtor’s transactions that both the satisfaction of creditors’ claims depends, but also the preservation of the insolvent person, his counterparties in contested transactions, as well as creditors as acting business entities. The methodological basis of the research was both general scientific and private scientific methods of cognition, logical, comparative. The authors also insist that the study and application of methods of economic and legal modeling and forecasting of the consequences of challenging the debtor’s transactions should be based on an intersectoral approach in order to fully and quickly satisfy the economic interests of all participants involved in the bankruptcy process - the debtor’s creditors, its counterparties, the debtor himself, the financial manager and the state.

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Bankruptcy trustee, debtor, bankruptcy, property, transaction, good faith, reasonableness

Короткий адрес: https://sciup.org/142238011

IDR: 142238011   |   DOI: 10.17513/vaael.2818

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