On the Effect of Prejudicialness of the Judgment when Considering the Inclusion into the Creditor’s Claims Registrar in Bankruptcy Cases

Abstract

This article discusses the theoretical and practical problems regarding the protection of the interests of the creditors in the bankruptcy case when submitting new creditor statements about incorporating its require ments in the register of creditors ' claims. Bankruptcy legislation does not allow the filing of objections to the declared requirements, if an enforceable Court Act supports them. The author concludes that this rule is a rule of preclusion from unreasonably extended subjective limits. It is stipulated that the expansion of the subjective limits of preclusion, when the interests of persons not involved in the case were not indirectly represented in the proceedings. The author criticizes the order generated by judicial practice for protection of creditors ' interests, which involves the appeal of specified judicial act as violating the interests of the lender and pronounced without his participation. The contradictions in judicial practice when using this type of protection are analyzed. The author finds that there is no theoretical reason in this case to prevent objections regarding requirements, confirmed by a judicial act. The author also proposes to eliminate the specified prohibition from the existing legislation.