Protection of Creditors' Property Rights in Insolvency (Bankruptcy) Cases

Student: Grishina Ksenia

Supervisor: Elena Pirogova

Educational Programme: Jurisprudence: Civil and Business Law (Bachelor)

Year of Graduation: 2019

This study focuses on the protection of creditors' property rights in insolvency (bankruptcy) cases. The author explores the concepts of creditors’ property rights, protection and means of protection of property rights of creditors in a bankruptcy case, and also offers her own definitions of these concepts. The author studies the means of such protection provided by law and analyses the effectiveness of the legal provisions protecting the interests of creditors against the claims of other creditors confirmed by legal acts that have entered into force. As a result of the study, the author states that the existing legal regulation does not adequately protect creditors in the insolvency (bankruptcy) case from debtor’s abuse. The Bankruptcy Law unreasonably expands the principle of the relativity of judicial acts in bankruptcy compared with the general rules of arbitrazh proceedings in Russia. After analyzing the current Russian law enforcement practice and international best practices, the author proposes a solution to this problem.

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