Methods of countering unfacial creditors in cases on bankruptcy of borrowers

Abstract

This article concentrates on the problems related to the participation of banks in bankruptcy proceedings of borrowers and counteraction to dishonest creditors when trying to establish control over bankruptcy proceedings,  as well as artificially increasing the requirements of “friendly” creditors. The author presents the current court practice on these issues, taking into account the specifics of banks as participants in proceedings for bankruptcy of borrowers. In addition, the article analyzes a new Review of the judicial practice of resolving disputes related to the establishment in the bankruptcy proceedings of the requirements of the controlling debtor and its affiliates, approved by the Presidium of the Supreme Court of the Russian Federation on 01/29/2020.