The author adresses the first issues confronted by the courts while considering consumer bankrupty cases. THe following questions are analysed in the article: what summ of money is enough to finance the expenses of conducting a consumer bankruptcy case; when can a court introduce the procedure of debtor's property selling passing the debt restructuring procedure; setting the order of property allienation when the debtor is married; on the applicability of point 3 of article 137 of the Federal Law of 26/10/2002 # 137-FZ "On Insolvency (Bankruptcy)" in the process of determining the priority of creditors' claims.
The auther analyzes the evolution of the Supreme Court's of Russian Federation practice of considering in bankruptcy cases claims of creditors based on inter-corporative (inter-group) relations, including loans that cover up financing of authorized capital of a debtor organization, and compares it with the development of German law and court practice of credotors' claims subordination. It is argued that the practice of considering of a creditor's and debtor's relations as inter-corporative will widen up to more numerous cases.
The author states that when the court considers the question on the introduction of the observation procedure (bankruptcy) it pursues the goal to exclude insolvent trading on behalf of the debtor rather than satisfies the interest of a separate creditor. It is emphasized that the court shall apoint as an arbitration administrator the candidate proposed by an indepedent creditor.
The authors discuss such problems of application of paragaph 4 of article 10 of the law "On Insolvency (Bankruptcy)" as the periods that various editions of this paragraph were in force, a proper person, that can be brought to resposibility, and procedural aspects. The end of the article contains a conclusion that the edition of analyzed paragraph, that is in force from 30.06.2013, didn't change significantly the previous court practice.
The Author differentiates lawsuit proceedings and proceedings on establishing of claims in bankruptcy cases in two dimensions: 1) the division of claims into register claims and current claims; 2) inside register claims the question of when such claims can be considered in lawsuit proceedings is analyzed. The article is aimed at systematization of existing court practice on the question.