Title creditors’ claims to be paid after the claims listed in the Claims register in insolvency proceedings

Abstract

The article is devoted to the consideration of one of the categories of creditors’ claims. In most cases, these claims are not listed in the Сlaims register. These are allowed claims that are paid after claims listed in the Claims register. In the Russian scientific literature and in judicial practice, these claims are called “claims after those listed in the Register”, “post-listed claims”. The article analyzes the concept and types of such creditors’ claims, the procedure for their accounting and payment in legislation, court practice, scientific research and the draft Federal Law “On Amendments to the Federal Law ‘On Insolvency (Bankruptcy)’”. The author analyzes the legal problems associated with the lack of both legal consolidation of these legal categories and a unified approach to their content. The development of the composition of the claims “after those listed in the Register” in the domestic legislation and judicial practice is considered. Related terms developed by legal science are compared by the author. The criteria and grounds for lowering the priority, as well as exceptions from the list of claims “after those listed in the Register”, adopted in law enforcement practice are highlighted. The legal regime and the ratio of types of creditors’ claims are investigated. Special attention is paid to the issue of determining, in theory and in practice, the moment of settlements on the claims: within the insolvency proceedings or after its conclusion. It is concluded that the unresolved legal problems noted in the article entail a violation of the rights and legitimate interests of creditors, contradictions in law enforcement practice. The author makes proposals to change the current legislation in terms of defining the concept, types, accounting procedure and procedural aspects for payment of creditors’ claims to be paid after the claims listed in the Claims register.

Keywords:

creditors’ claims, insolvency, the order of payments for claims, a claim that is paid after claims listed in the Claims register, settlements with creditors, bankruptcy