Disputed issues of competence of the bankruptcy trustee in bankruptcy of credit organizations
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Disputed issues of competence of the bankruptcy trustee in bankruptcy of credit organizations
Annotation
PII
S013207690009237-2-
Publication type
Article
Status
Published
Authors
Andrey V. Gabov 
Occupation: Chief researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Irina S. Shitkina
Occupation: Professor of the Department of business law, faculty of law, Lomonosov Moscow state University
Affiliation: Lomonosov Moscow state University
Address: Russian Federation, Moscow
Edition
Pages
76-86
Abstract

Тhe purpose of this article is to assess the authority of the bankruptcy Trustee (Deposit Insurance Agency) to challenge the transactions of a debtor – a credit institution that is in bankruptcy. Current legislation and practice provide a basis for discussion as to whether such power is the bounden duty of the bankruptcy trustee, or the administrator has the ability to waive the claim. The authors examine the features of the bankruptcy trustee's legal position, the current judicial practice and make a clear conclusion: in accordance with the current legislation, including taking into account the meaning given to it by the legal positions of the courts, challenging the debtor's transactions is the duty of the bankruptcy trustee. This conclusion, in particular, arises from the fact that the Deposit Insurance Agency performs the functions of a bankruptcy trustee by law and is obliged to protect public interests. When making a decision to appeal transactions, the bankruptcy trustee must act in good faith and reasonably, comparing the economic effect of invalidating the transaction with the costs of challenging it. There is a need to improve the legal position of the Deposit Insurance Agency in terms of performing its functions as a bankruptcy trustee of credit organizations.

Keywords
the arbitration manager, bankruptcy trustee, Deposit Insurance Agency, suspicious transactions, transactions with a preference for, invalidity of transactions, liability
Received
03.02.2020
Date of publication
11.06.2020
Number of purchasers
36
Views
2612
Readers community rating
0.0 (0 votes)
Previous versions
S013207690009237-2-1 Дата внесения правок в статью - 16.04.2020
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References

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