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Challenging the debtor’s transactions in bankruptcy proceedings

Student: Tupitsina Tatiana

Supervisor: Kseniia Kondrateva

Faculty: Faculty of Social Sciences and Humanities (Perm)

Educational Programme: Legal Support and Protection of Business (Master)

Year of Graduation: 2019

Final qualifying work is devoted to the study of the legal institution challenging the debtor's transactions in the bankruptcy proceedings. The relevance of the final qualifying work is justified by the fact that currently a large number of transactions are made before initiating a bankruptcy case, and in the insolvency procedure (bankruptcy). In this paper, we analyzed the grounds and conditions for challenging the debtor’s transactions in insolvency (bankruptcy), analyzed the possibility of challenging the debtor’s transactions on general and special grounds. As a result of the analysis of special grounds for challenging the debtor’s transactions: problems were identified in determining an equivalent reciprocal execution, and it was also established what transactions can be recognized as committed in the ordinary course of business. Keywords: insolvency, bankruptcy, out-of-competition challenging, suspicious transactions, transactions made with preference, ordinary business activities.

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