TERMINATION OF OBLIGATIONS UNDER SUBORDINATED CREDIT (DEPOSIT) AGREEMENTS IN BANKRUPTCY LEGAL RELATIONS
The provision of financial assistance to an affiliated credit institution often takes the form of a subordinated loan agreement (deposit, loan). However, in the event of the subsequent bankruptcy of such a credit institution, problems arise in protecting the interests of the parties to the agreement...
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| Format: | Article |
| Language: | English |
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LLC «MIAS Expert»
2022-07-01
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| Series: | Legal Bulletin |
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| Online Access: | https://elibrary.ru/download/elibrary_48999755_67059914.pdf |
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| Summary: | The provision of financial assistance to an affiliated credit institution often takes the form of a subordinated loan agreement (deposit, loan). However, in the event of the subsequent bankruptcy of such a credit institution, problems arise in protecting the interests of the parties to the agreements and their creditors, litigation, and conflicting court decisions. The main purpose of this study is to study the legal problems arising in connection with the termination of obligations under a subordinated loan (deposit) agreement in the legal relations of bankruptcy of its party (parties). The scientific article includes sections devoted to the study of the problems of applying the legal structure of debt forgiveness under a subordinated deposit agreement in relation to an insolvent debtor, as well as the termination of an obligation on the basis of an act of a public authority as part of preventing the debtor’s bankruptcy. The study was conducted using dialectical, logical, systemic, as well as formal legal methods. The conclusions of the article summarize the grounds, motives and negative legal consequences of applying the considered methods for terminating the obligations of an insolvent debtor. An assessment is made of the compliance of the termination of obligations under subordinated loan (deposit) agreements with the principles of bankruptcy law, the provisions of the institution for contesting suspicious transactions in bankruptcy.
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| ISSN: | 2658-5448 |