Statutory Procedure

The main purpose of a federal law "On Insolvency (Bankruptcy)" is to protect the interests of the debtor's creditors first. But what if the debtor's assets are insufficient to meet all claims of creditors of the latter, but at the same time, the owners (shareholders, members, private entrepreneur) the debtor has a desire to maintain the business in a debtor. Settlement proceedings, statutory bankruptcy implies a creditor wishes to conclude such an agreement, and in general depends entirely on the actions of creditors. But what happens if the creditors in general, want to get a reasonably their "here and now in full" and the debtor do not have the resources to meet their demands. The bankruptcy law provides, in this case, only one ground for termination of the proceedings of bankruptcy – satisfy all creditors 'claims included in the register of creditors' claims (paragraph 1 of Article 57 of the Federal Law "On Insolvency (Bankruptcy)". Outset that the early stages of insolvency proceedings the debtor has retains a certain autonomy and can help with different ways to solve the problem for example with the help of additional funds (under supervision), or through financial recovery plan (for stage of financial recovery.) The problems in this regard come from the debtor in connection with the introduction of the latter band management or bankruptcy proceedings, since it is very limited powers trustee, which is perfectly justified in "baked" in the first place the interests of creditors. In this case, the legislator allowed by the rules laid down in the bankruptcy law to meet claims of creditors other persons (third), which has the right at any time before the end of the external control (or bankruptcy proceedings) to simultaneously satisfy all creditors' claims in accordance with the register creditors' claims (paragraph 1 of Article 113 and Paragraph 1 of Article 125 of the Federal Law "On Insolvency (Bankruptcy)". .