Problems of Judicial Practice on Consideration of Appeals of Bankruptcy Creditors Against Decisions of Courts of General Jurisdiction

Within the framework of this article, the authors attempt to identify and highlight the conflict in the current legal regulation and judicial practice that arises when appeals courts consider complaints filed by bankruptcy creditors against decisions of courts of general jurisdiction, including the problem of abuse of the procedural right to appeal a judicial act in order to exclude bankruptcy creditors, including bona fide creditors, from the register of creditors’ claims and removing their claims from the register. The authors purposefully made a selection of relatively recent judicial practice in order to emphasize that the conflict covered has taken place up to the present time.

The authors draw attention to the current lack of a unified approach not only among the court of appeal, but also among the courts of cassation instance, to the consideration of appeals of bankruptcy creditors against decisions of courts of general jurisdiction, on the basis of which the claims of “competing” creditors are included in the register of creditors’ claims.

Based on the results of the analysis, the authors conclude that there is an urgent need explanations from the Supreme Court of the Russian Federation regarding the procedure for considering appeals from persons participating in the debtor’s bankruptcy case (with the exception of arbitration managers)