Some problems of exercising the interests of creditors when challenging the debtor's transactions

Contestation of the debtor's transactions in a bankruptcy case is carried out according to special rules, the possibility of filing a claim to contest the transaction is provided to the arbitration manager, since it is he who must contribute to the implementation of the interests of all creditors, but the actual consequences of his inaction regarding the debtor's transactions are not defined. Despite the special rule on the possibility of direct challenge by the meeting of creditors of the debtor's transactions in the event of the inaction of the arbitration manager, its effect is limited by the rights of the arbitration manager in a bankruptcy case. Possible ways to protect the interests of creditors in a situation of inaction of the arbitration manager are the request for the invalidity of the debtor's transaction by the representative of the creditors on special grounds or forcing the arbitration manager to challenge the transactions.