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Competitive Lender

Competitive creditors (in the bankruptcy case) are creditors for monetary obligations (with the exception of authorized bodies, citizens to whom the debtor is responsible for causing harm to life or health, moral damage, has obligations to pay remuneration to the authors of the results of intellectual activity, as well as the founders (participants) of the debtor for obligations arising from such participation) [1] .

A distinctive feature of the legal status of bankruptcy creditors (authorized bodies) from creditors in a bankruptcy case is their ability to initiate bankruptcy proceedings. After the bankruptcy creditor has filed an application for declaring the debtor bankrupt, the arbitral tribunal verifies its validity at the hearing, based on which one of the following definitions may be made: recognition of the applicant's claims justified and the introduction of supervision; the refusal to introduce surveillance and to leave such a statement without consideration; refusal to introduce supervision and termination of bankruptcy proceedings. If the claim of the bankruptcy creditor is deemed substantiated, the court shall introduce supervision. From the date of the introduction of supervision, the claims of creditors on monetary obligations and on the payment of obligatory payments, with the exception of current payments, may be presented to the debtor within thirty calendar days from the date of publication of the notice of the introduction of observation. Subsequently, considering applications from bankruptcy creditors to include their claims in the register, the court shall issue a ruling on the inclusion or refusal to include these claims in the register of creditors' claims. In the ruling of the arbitration court on the inclusion of claims in the register of creditors' claims, the size and priority of their satisfaction shall be indicated.

One of the most important rights of bankruptcy creditors in a bankruptcy case is the right to choose bankruptcy proceedings. This right is exercised collectively, by making an appropriate decision at a meeting of creditors. On the basis of this decision, the court passes a judicial act on the introduction of a particular procedure.

Notes

  1. ↑ Federal Law of the Russian Federation of October 26, 2002 No. 127-ФЗ “On Insolvency (Bankruptcy)”


Source - https://ru.wikipedia.org/w/index.php?title= Competition_Creditor&oldid = 97639949


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Clever Geek | 2019