Community of creditors of an insolvent debtor as an involuntary partnership

The purpose of the work is to analyze the legal relations between creditors within the community of creditors of an insolvent debtor. The insufficiency of the debtor's property to satisfy the creditors' claims is the reason for the competing claims. The “pro rata” principle is the approach to resolve the above-mentioned conflict and achieve the goal of legal regulation of insolvency relations - distribution of insolvency risk (realized insolvency risk) among creditors. Collective enforcement of claims against a common debtor implies a prohibition on filing claims individually, as well as imposing fiduciary duties on creditors to act in the interests of the creditor community. In conclusion, the author emphasizes that the fulfilment of these obligations occurs within the framework of partnership relations, and the community of creditors of the insolvent debtor itself forms a partnership, so that the rules governing relations from a partnership agreement are applicable by analogy to inter-creditor relations within the community of creditors (considering certain features of the formation of a partnership of creditors).