УСТАНОВЛЕНИЕ ТРЕБОВАНИЙ КРЕДИТОРОВ В ПРОЦЕДУРАХ НЕСОСТОЯТЕЛЬНОСТИ В РОССИИ И ГЕРМАНИИ

Abstract

The article examines the legal nature of the court procedure for establishing creditors’ claims in insolvency proceedings. A conclusion is drawn about the judicial nature of the procedure for establishing disputed claims and about the possibility of resolving disputes with creditors outside of insolvency proceedings. The article analyzes the legal status of creditors whose claims are subject to establishment in a special procedure. The terms of filing claims by bankruptcy creditors and authorized bodies for their establishment as participants in the insolvency procedure and the legal consequences of failure to comply with the established terms have been investigated. The article compares the insolvency laws of Russia and Germany on establishing creditors’ claims, reveals the differences in German legislation on establishing controversial creditors’ claims in a separate legal proceeding. A specific feature of German legislation on checking undisputed claims with the active participation of creditors, whose claims are satisfied from the bankruptcy estate, at a meeting of creditors specially convened for this purpose, has been established. The article analyzes the ways of protecting the rights of creditors in case of abuse by the debtor and the creditors affiliated with him of their rights when establishing the claims of creditors. Particular attention is paid to the use of a knowingly unjust decision and measures to revise it in the course of insolvency proceedings.