Legal status of the meeting of creditors in a bankruptcy case

Volume 7 (2022), No. 1, pp. 15–25

[ JURIDICAL SCIENCES ]

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Abstract:

It has been established that civil law communities can act in a bankruptcy case — a meeting of creditors, a committee of creditors, a meeting of employees, former employees of the debtor, a meeting of construction participants. Some problematic issues of interpretation and application of the norms of Russian legislation on bankruptcy that arise during the meeting of creditors are considered. Theoretical concepts of determining the legal nature of the meeting of creditors are revealed: the concept of an organized group (collective, association) of creditors; the concept of a collegial (collective) management body of a legal entity; the concept of a collective subject (legal entity); the concept of a way of expressing the collective will of creditors. It is concluded that the meeting and the committee of creditors, not being legal entities, nevertheless cannot simply be considered as a «legal set» of persons coordinating their actions during the bankruptcy proceedings. The meeting and the committee of creditors have some features of legal unity. It is noted that on the basis of the main model of legal personality (general and special legal personality of creditors and authorized bodies), a derivative legal form is built. It is proposed to divide the participants of the meeting of creditors into two groups — into “permanent participants”, the composition of which does not depend on the category of the debtor, and into “additional (non-permanent) participants”, who have the right to take part in the meeting only in cases expressly provided for by law when bankruptcy of certain categories of debtors. Permanent participants of the meeting of creditors are divided into three categories of persons — having an unconditional right to vote; having a limited (“truncated”) voting right; not entitled to vote.

Keywords:

bankruptcy law, bankruptcy case, insolvency practitioner, civil society, meeting of creditors, com-mittee of creditors

Author:

Aleksandr A. Pakharukov, Cand. Sci. (Jurisprudence), Associate Professor, Head of Jurisprudence Department, Irkutsk National Research Technical University, Irkutsk, Russia.

For citation:

Pakharukov A.A. (2022) Legal Status of the Meeting of Creditors in a Bankruptcy Case. Sotsial’naya kompetentnost’ // Social Competence. Vol. 7. No. 1. P. 15–25.

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