Обеспечительные меры при проведении торгов в банкротстве

Abstract

In Russia the number of bankruptcy cases remains at a consistently high level, while the vast majority of them are of a liquidation nature. Debtors’ property is massively sold at public bidding, the results of which are very difficult to challenge. So there is a need to use operational legal remedy — interim measures. Interim measures in bankruptcy cases are needed even more than in other cases, because they help to balance the many conflicting interests. The article contains analysis of measures that are applied by the antimonopoly authority and the court during bidding in bankruptcy. Also the author considers interim measures, which are provided during challenging bidding and distributing money received as a result of the sale of collateral. In addition, the article describes the consequences of a violation by the bankruptcy manager of interim measures and the possibility of compensation for losses caused by interim measures during bidding in bankruptcy. The author concludes that the skepticism of the legal community regarding the providing of interim measures during public bidding in bankruptcy cases is exaggerated, the courts are ready to apply them.