Suchergebnisse

The article is devoted to the scientific and legislative definition of the concept of "sanation of the legal entity". The provisions of the new Code of bankruptcy procedures on the peculiarities of the sanation procedure before the opening of bankruptcy proceedings are considered and analyzed. The main advantages of pre-trial sanation were taken into account as a new mechanism for bankruptcy prevention and restoration of the financial stability of the legal entity for the long term. Debt insolvency statistics are analyzed. Bankruptcy prerequisite revealed. Attention is drawn to the fact that the introduction of the new Bankruptcy Code introduces new opportunities for business safeguards, including pre-trial sanation. The procedure of pre-trial sanation was considered and studied in detail, its difference from the sanation in the bankruptcy case. Many different scientific definitions of the concept of "remediation" are considered. The feasibility of treating remediation by many methods has been analyzed. The conditions under which the procedure of sanation or pre-trial sanation can be considered successful are indicated. The author's attitude to the idea of pre-trial readjustment, its benefits in terms of saving time and resources are revealed. The Bankruptcy Code has been analyzed and certain features of pre-trial sanation have been identified: who initiates pre-trial sanation procedure, which is a "sanation plan", for which the debtor convenes a general meeting of creditors, the difference being "secured" and "unsecured" creditors, the special role of the Economic Court in the gradual implementation of pre-trial sanation, for which the arbitration manager, in which case the court refuses to approve the pre-trial sanation plan, what are the consequences of implementing the sanation plan.

The Federal Rules of Bankruptcy Procedure appear in the Appendix to Title 11 of the United State Code. This publication was made with data provided by the United States government on the Office of Law Revision Counsel Bulk US Code page at: http://uscode.house.gov/download/download.shtml This title is current through July 31, 2014.All updates to this material will appear at the above URL.

Bankruptcy is the legitimate procedure by which monetarily troubled firms, people, and sporadically governments settle their obligations. The insolvency procedure for firms assumes a focal job in financial aspects, since rivalry drives the most wasteful firms bankrupt, subsequently raising the normal proficiency level of those remaining. This study provides a comparative analysis of the most significant aspects of bankruptcy for individuals in Russia and the United States. The objective of the study was to determine the conditions involved in declaring a citizen insolvent in US and Russian law, for which we studied the ways of filing applications in these countries, as well as some methods of abuse by creditors that reduce the effectiveness of the bankruptcy institu-tion, and the ways to minimize them. Based on the results of the analysis, proposals were made to improve the legislation that governs people's bankruptcy. These proposals are based on the positive experience of the United States in the field of legal regulation of insolvency institutions.