Some problems of legal regulation of bankruptcy of citizens

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Some problems connected with the application in practice of the legal rules governing the bankruptcy of citizens are considered. Based on the generalization of judicial practice, such a problem is highlighted as the uncertainty of the consequences of the absence of an approved nominee of a financial manager in a bankruptcy case for three months, it was concluded that it was impossible to apply general provisions in this situation. As a solution to the problem, it was indicated that it is necessary to exclude the possibility of applying the general rules for terminating a bankruptcy case in case of non-compliance with the terms of approval of the financial manager. The problem of the consequences of non-compliance with the requirements for placement by the entrepreneur of information about the intention to demand recognition of a bankrupt in the Registry is noted in a situation where this notification was sent by the citizen but not posted through the fault of the Registry Operator. Indicated the need to limit the content of the duties of a citizen in this case, only the direction, but not the placement of the notice.

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Citizen bankruptcy, financial manager, arbitration manager, self-regulatory organization, approval of the financial manager's nomination, notification of intention to demand bankruptcy

Короткий адрес: https://sciup.org/170186527

IDR: 170186527   |   DOI: 10.24411/2500-1000-2019-11429

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