Participation of third parties in simplified bankruptcy procedures
Автор: Pilchina Damira Zhangazievna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 2 (57), 2022 года.
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The author considers the problem of exercising the rights of third parties to participate in simplified bankruptcy procedures, taking into account the fact that bankruptcy legislation does not directly provide for their procedural status in bankruptcy. In some cases, judicial practice denies the possibility of a third person entering into the case or involving him in the consideration of the case on the initiative of the court, guided by a literal interpretation of legal norms. However, the features of simplified bankruptcy procedures, when there is no observation as an "analytical" bankruptcy procedure, indicate the need for participation and consideration of the opinions of third parties, which may include, for example, participants of a debtor legal entity. The article considers court decisions in which third parties were also allowed to participate in simplified bankruptcy procedures. The participation of third parties makes it possible not only to take into account their legal position regarding the fate of the debtor, but also to obtain information about the circumstances of the termination of economic activity, for example, in the bankruptcy of an absent debtor, when the head of such a debtor is actually absent as a participant in the bankruptcy process.
Bankruptcy law, insolvency, bankruptcy, simplified procedures, absent debtor, liquidated debtor, simplified proceedings, third party
Короткий адрес: https://sciup.org/140295091
IDR: 140295091 | DOI: 10.52068/2304-9839_2022_57_2_70