Overcoming the moratorium on the payment of the creditor's claims on the pledge secured by the debtor's only dwelling

Abstract

The article is devoted to the analysis of the legal statuses of the most significant category of persons in bankruptcy cases, which include creditors whose claims are included in the register of claims. These individuals are a key figure in bankruptcy cases. The behavior of registered creditors has a special role and significance in the insolvency relationship both in relation to the debtor and in relation to other creditors. The paper describes a comprehensive system of creditors in bankruptcy cases, consisting of fourteen categories. The substantiation of the process of allocating a new category of creditors in the specified system — paid register creditors for obligations secured by a pledge of the sole residential premises of the bankrupt. The concept of the construction of the moral non-payment of registered creditors and ways to overcome it is formulated. The complexity and variety of tasks and functions currently facing domestic bankruptcy legislation are generating increased attention to registered creditors in bankruptcy cases. It is concluded that the nature of the behavior of registered creditors determines the current state and the general vector of law enforcement practice of applying the norms of legislation on insolvency (bankruptcy).

References

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