Article title: CONFLICT OF RESPONSIBILITY IN BANKRUPTCY. SECURITY RESPONSIBILITY OF THE GUARANTOR VS SUBSIDIARY RESPONSIBILITY OF THE CONTROLLER

Article author: Meshkov Alexander Sergeevich

Number of pages: 6

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Annotation:
The article raises the problem of simultaneously finding in the register of creditors claims the joint and subsidiary claims of the creditor. The problem is exposed in connection with the prosecution of persons who, in turn, are in solidarity with debtors controlled by their communities, in particular under a guarantee agreement. Judicial acts identified on this issue allow the author to reasonably argue about a violation of the balance of interests of creditors, as a result of which: some creditors receive unreasonable advantages, while others lose the ability to satisfy their requirements. The author gives arguments in favour of solving the current problem, provides arguments aimed at eliminating duplication of claims in the register of creditors claims of the person controlling the debtor and preventing potential imbalance in repaying the claims of creditors.

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