CONFLICT OF INTERESTS OF THE SUBJECTS OF BANKRUPTCY OF COMMERCIAL ORGANIZATIONS

This article is enlightened on the study of the conflict of interests of subjects of bankruptcy of commercial organizations: 1) the debtor; 2) the arbitration administrator; 3) the competitive creditor. Currently, the trend of bankruptcy of commercial organizations is constantly increasing, while creditors in 70 % of cases do not receive obligations from the debtor. In this connection, the article examines the analysis of cases of abuse of the right in the conflict of interests by the subjects of bankruptcy of commercial organizations, development of solutions of the problem for increasing the actual fulfillment of the debtor’s obligations to creditors. The article gives examples of judicial practice on this issue.

abuse of law, bankruptcy, insolvency, bankruptcy’s subjects, debtor, arbitration manager, creditors, debtor’s controlling person, legal entities, conflict of interests, settlement of claims, court practice.

Kuznetsov S. V. Conflict of interests of the subjects of bankrupycy of commercial organizations // Business. Education. Law. 2018. No. 1 (42). P. 226–229.