On Procedural Protection of an Independent Creditor in Bankruptcy of an Affiliated Debtor

Abstract

In the article, the author raises the problem of insufficient procedural protection of an independent creditor in case of bankruptcy of an affiliated debtor. Revealing the imperfection of the norms of bankruptcy legislation on the basis of the legal positions formed by the courts, the author comes to the conclusion that it is necessary to reform the legal norms, strengthen the role of the court in considering the claims of creditors, study the affiliation of relations between creditors and the debtor and their impact on the possibilities of procedural protection of independent creditors.