The procedural status of the subjects of bankruptcy proceedings

Abstract

The scope of procedural rights and obligations depends on the procedural status of a person. The diverse and complex court cases of insolvency (bankruptcy) and numerous disputes arising in these cases prove the correlation of a procedural status and effective protection of violated or disputed rights and legitimate interests. However, the powers of all the subjects should be equal. e doctrine and practice reveal no single understanding of the procedural status of subjects of bankruptcy proceedings. The court acts and procedural documents submitted to the court sometimes fail to convey the procedural position of the arbitration trustee, the former Head of the debtor and the current payment creditor. e difficulties are caused by both, the complex legal status of subjects and the lack of detailed legislative regulation of the status itself. Limited right to study the case files applied to the subjects of bankruptcy proceedings is revealed in court practice. In certain disputes given limitation causes only partial protection of the subjects’ rights.