Alliance Legal CG at Pravo.ru conference "Bankruptcy-2018: regulation and judicial practice"
25 июня 2018 г.
On June 19, Alina Paltsev, Head of Alliance Legal CG Bankruptcy Support Practice, spoke at the Pravo.ru conference "Bankruptcy-2018: Regulation and Judicial Practice"
Not all affiliated creditors are dishonest, Alina Paltseva, head of Alliance Legal CG bankruptcy practice, assured: "There are also those who are honest and affiliated only formally.
"In the absence of established criteria for determining the actual affiliation, in the process of bankruptcy cases it is necessary to eliminate the formal approach, the parties in the case to take an active procedural position to help the court "understand" the overall picture of the arrears".
Paltseva advises to prove that the debts are "real", to collect the primary, account statements, to disclose the real business purpose. To facilitate the situation of bona fide creditors, it is necessary to legislatively fix the criteria of actual and formal affiliation.
"In the absence of established criteria for determining the actual affiliation, in the process of bankruptcy cases it is necessary to eliminate the formal approach, the parties in the case to take an active procedural position to help the court "understand" the overall picture of the arrears".
Paltseva advises to prove that the debts are "real", to collect the primary, account statements, to disclose the real business purpose. To facilitate the situation of bona fide creditors, it is necessary to legislatively fix the criteria of actual and formal affiliation.
