Several problems of the protection of the rights of the minority creditors when concluding a settlement agreement in the bankruptcy of the legal entity

Автор: Feytelberg A.D.

Журнал: Форум молодых ученых @forum-nauka

Статья в выпуске: 1-3 (29), 2019 года.

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The article examines the problem of unjustified infringement of the rights of a minority creditors by the majority of creditors in the procedure of a settlement agreement in a bankruptcy case of a legal entity. At present, there are many settlement agreements on bankruptcy cases, but often its terms are very unprofitable and unreasonable for creditors who did not vote or voted against the conclusion of a settlement agreement. At the same time, such a minority of creditors does not have an effective mechanism to protect their rights. The author examines the problem of infringement of the rights of minority creditors and proposes to introduce insolvency law rules on an independent evaluation of a settlement agreement at the stage of adoption by the general meeting of creditors of the decision on the conclusion of a settlement agreement

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Bankruptcy of legal entities, settlement agreement in a bankruptcy case, competitive lenders, general meeting of bankruptcy creditors, approval of a settlement, rights of creditors who did not vote, or who voted against the conclusion of a settlement agreement

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Короткий адрес: https://sciup.org/140285039

IDR: 140285039

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