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Challenging the Debtor's Transactions in a Bankruptcy Case.

Student: Podgrudkova Anastasia

Supervisor: Elena Pirogova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2019

The institution of challenging transactions in a framework of bankruptcy is of particular interest, since it is often the only way to replenish the bankruptcy estate and at least partially satisfy creditors' claims. When this bankruptcy legislation is constantly undergoing changes, including changes in judicial practice, therefore, a constant investigation of issues related to bankruptcy is required. The second chapter touches upon the historical development of this institution, the ratio of general and special grounds for the invalidity of transactions. The second chapter is devoted to the features of challenging interrelated transactions, the settlement agreement as a transaction on the basis of which the creditor includes the debt in the register of creditors' claims. Also, an analysis of transactions carried out in the ordinary course of business was conducted, criteria for attributing transactions to interrelated in relation to bankruptcy cases was developed, the influence of the creditor credibility in challenging the debtor’s transactions was analyzed, and, finally, some proposals for the improvement of legislation were made.

Full text (added May 8, 2019)

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