Problems of acquiring claims against a bankrupt-debtor

The dissertation is devoted to the study of the fate of a claim acquired by a person affiliated with the debtor before and after the introduction of bankruptcy proceedings of a company or a citizen, to the determination of the grounds for revision on newly discovered circumstances of the determination on the inclusion of a creditor in the register or on the replacement of a creditor in the register in case of revealing the facts of affiliation of the assignee and the debtor and the fact of abuse of the assignee, to the study of the subject and procedure of proving the unreasonableness of claims of affiliated creditors who bought debts from independent creditors. The problems of the scientific work are caused by the absence in the bankruptcy legislation, in particular, in the Review of judicial practice of resolving disputes related to the establishment in bankruptcy proceedings of claims of persons controlling the debtor (approved by the Presidium of the Supreme Court of the Russian Federation on 29.01.2020), references to the possibility of refusal to include in the register a claim purchased by an affiliated person from an independent creditor after the introduction of bankruptcy proceedings, the inapplicability of the concept of subordination to disputable legal relations. While independent creditors try to object to claims based on the change of persons in obligations with reference to the concept of subordination, judicial practice has formed positions on the inadmissibility of lowering the claim in the register, bought out after the introduction of bankruptcy proceedings, and on the inadmissibility of subordination in bankruptcy proceedings of individuals. The author believes that the redemption of the right of claim by a person affiliated with the debtor after the introduction of bankruptcy proceedings is a form of preferential repayment of debt, therefore, these actions should be subject to the prohibition in the sense of Articles 113 and 125 of the Bankruptcy Law. 113 and 125 of the Bankruptcy Law. There is no reasonable economic sense in cession other than interception of control. Inclusion of such a claim in the register or replacement of a creditor in the register should be refused. The author also considers it necessary to expand the list of restrictions on the bankruptcy rights of interested creditors included in the register and to specify in court acts on the establishment of claims in the register the affiliation of the creditor, regardless of whether the claim is included in the register with a reduction in priority or not. In addition, in the study the author defends the position of inadmissibility of subordination in the procedure of bankruptcy of individuals, applicability of the concept of coverage contract or bad faith of the assignee for the purposes of refusal to include in the register a controlled claim based on the change of persons in the obligation.