Extraordinary Appeal of Erroneous recovery in bankruptcy. Novelties of legislation
https://doi.org/10.31429/20785836-16-2-69-76
Abstract
The purpose of the work is to analyze the novelties of legislation in the field of extraordinary appeal of erroneous recovery in bankruptcy.
The objectives of the study include reviewing changes in bankruptcy legislation, determining the range of subjects entitled to extraordinary appeal, studying the specifics of restoring the appeal period and evaluating the effectiveness of this institution as a tool for protecting creditors' rights.
Currently, there is an increasing importance of mechanisms for protecting the rights of participants in bankruptcy proceedings, due to the complexity and versatility of bankruptcy cases. Federal Law No. 107-FZ of 29.05.2024 introduced significant changes to the bankruptcy legislation, which legislated the institution of extraordinary appeal.
The principal conclusion of the article is that an extraordinary appeal against an erroneous recovery in bankruptcy is an effective tool for protecting creditors' rights and ensuring the stability of civil turnover. The author proves that this mechanism makes it possible to exclude fictitious debts from the register of creditors' claims and prevent the devaluation of their mandatory claims.
About the Author
N. S. Potapenko
FGBOU VO "Kuban State University"
Russian Federation
Russian Federation
Nikolay S. Potapenko, Cand. of Sci. (Law), Associate Professor of the Department of Civil Procedure and International Law
Stavropol str., 149, Krasnodar, Russia, 350040
Tel.: +7 (918) 428-40-96
Author ID: 1231947
References
1. Branovitsky K.L., Serditova E.N. [On the emergence of a new category of subjects in the arbitration process who have the right to appeal judicial acts in the presence of insolvency (bankruptcy) proceedings of the debtor]. Bulletin of the Federal Antimonopoly Service of the Ural District. 2013;(2):38–49. (In Russ.)]
2. Gestivovskaya D.A. [The opposability of judicial acts in bankruptcy: towards a unified model of «Paulian refutation»]. Bulletin of Economic Justice of the Russian Federation. 2022;(1):133–165. (In Russ.)]
3. Kuznetsov A.P., Khokhlov V.N. [Simplified bankruptcy procedure as a mechanism for avoiding debt repayment]. Banking law. 2015;(6):32–38. (In Russ.)]
4. Makeychuk A.K. [Extraordinary appeal in a bankruptcy case as a way to counter unreasonable claims of creditors]. Law and the State: theory and practice. 2023;8(224):277– 281. (In Russ.)]
5. Miftakhutdinov R.T. [Limited relativity of a judicial act in bankruptcy: how can bona fide creditors protect themselves from an unreasonable claim confirmed by a judicial act]. Bulletin of Economic Justice of the Russian Federation. 2018;(4):104–125. (In Russ.)]
6. Prikhodko I. [Challenging the creditor's claims, confirmed by a court order, by other creditors of the debtor who has fallen into bankruptcy, in the context of 2016 № 62]. Economy and law. 2017;(3):42–67. (In Russ.)]
7. Shevchenko I.M. [On the concept of «uniformity of judicial practice» (on the example of bankruptcy cases)]. Russian Law Journal. 2022;(6):144–155. (In Russ.)]
Review
For citations:
Potapenko N.S. Extraordinary Appeal of Erroneous recovery in bankruptcy. Novelties of legislation. Legal Bulletin of the Kuban State University. 2024;(2):69-76. (In Russ.) https://doi.org/10.31429/20785836-16-2-69-76
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