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
Аbout the author:
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.