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Zaitsev A.O. The Problems of Regulating the Repayment of Claims of Bankruptcy Creditors in the Course of Bankruptcy Proceedings and the Application of the Institution of Offset of Homogeneous Counterclaims

DOI: https://doi.org/10.15688/lc.jvolsu.2021.4.15

Anton O. Zaitsev, Lawyer, LLC “Shchekin and Partners”, Presnenskaya Emb., 12, MIBC “Moscow City”, Federation Tower “Vostok”, Floor 14, Office 3, 123112 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0729-0998


Introduction: the main goal of bankruptcy is satisfaction of creditors’ claims. In this connection, the legislator, based on the requests of law enforcement practice, must make changes to the current legislation, including the legalization of other ways to replenish the debtor’s bankruptcy estate. The author identifies the purpose of the study as a justification for the legislative consolidation of the possibility of legal succession by a particular person of the rights of bankruptcy creditors after the repayment of the latter’s claims. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of system, analysis, and comparative law. Results: the author’s position justified in the work is based on the needs of the institution of bankruptcy. Based on the analysis of the current legislation and the established law enforcement practice, the author shows the shortcomings of the existing legal structures used to repay creditors’ claims. Conclusions: the author proposed a variant of repayment of the claims of bankruptcy creditors by a third party, which is fundamentally different from the legally fixed structures and based on the possible subrogation of the transfer of the rights of bankruptcy creditors to it.

Key words: repayment of claims, bankruptcy creditors, termination of bankruptcy proceedings, succession, set-off in bankruptcy.

Citation. Zaitsev A.O. The Problems of Regulating the Repayment of Claims of Bankruptcy Creditors in the Course of Bankruptcy Proceedings and the Application of the Institution of Offset of Homogeneous Counterclaims. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 4, pp. 113-118. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.4.15

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