Article title: SIGNS OF CORPORATE REQUIREMENTS IN BANKRUPTCY CASE

Article author: Mansurova Julia Nasimovna

Number of pages: 7

Contact mail: Mansurova.Y.N@sberbank.ru

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Annotation:
This article analyzes the current legal positions of The Superior Court of the Russian Federation on corporate attributes of creditors claims in bankruptcy proceedings resulting in the waiver of protection of such creditors being the shareholders or corporate members (in favor of independent creditors, involved in the distribution of the competitive mass/collation). In addition to the law defining the list of individuals taking the risk of company bankruptcy (shareholders or corporate members), the enforcement practices allow to extend the similar risks to the other groups of people, directly or indirectly associated with the debtor and who have claims to the latter opposing the claims of other (independent) creditors in the bankruptcy proceedings. The article lists the provisions inherent to interdependent (corporate) nature of a creditors claim in the view of the actual case circumstances (based on the cases examined in the supreme judicial court). The article also covers the situations when the arbitral tribunal has a wide discretion in determining the “markers” (of the creditors connection to the debtor), which, in the absence of the obvious corporate nature of the relationship between the creditor and the debtor, may imply the arising preferences given to the creditors claim. The article emphasizes the distribution of the burden of proof among the disputing parties (the arbitrary court applies the “asymmetries” of evidence) when validating the corporate creditors claim. Taking into account the relevant judicial practice and complying with the principle of civil transactions stability, the author suggests to define the main criteria of the corporate nature of a claim in bankruptcy proceedings at the legislative level or as clarifications given by the Plenum of the Supreme Court of the Russian Federation.

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