TAKING INTERIM MEASURES AGAINST THE PROPERTY OF A PERSON WHO IS NOT A DEBTOR IN A BANKRUPTCY CASE

Author(s): Bormotov A.V., Nosov D.V.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2025-1-43-50

Release: 2025-1 (45)

Pages: 43-50

Keywords: interim measures, subsidiary liability, the person controlling the debtor, the debtor in bankruptcy proceedings, third parties in bankruptcy proceedings, circumvention of the law for unlawful purposes, challenging the debtor’s transactions

Annotation: In the article, the authors consider the institution of interim measures taken with respect to the property of a person who is not a debtor in a bankruptcy case. Based on the analysis of the current legislation and the practice of its application, the specifics of the procedure and grounds for taking such interim measures are being studied. Based on the results of the study, it was concluded that the imposition on a person to whom no claims have been filed within the framework of bankruptcy relations, the adverse consequences of making such claims to a debtor-citizen or to a subsidiary debtor in the form of interim measures against the property of such a person should be carried out only at a court hearing to clarify his status as a controlled person and the actual ownership of his property, and an application for the adoption of these interim measures in the framework of a dispute over challenging a bank- ruptcy transaction that is not a debtor’s transaction, or without submitting claims to challenge the transaction to a person, it should be recognized as an abuse of law in the form of circumvention of the law for an unlawful purpose. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Bormotov A.V., Nosov D.V. TAKING INTERIM MEASURES AGAINST THE PROPERTY OF A PERSON WHO IS NOT A DEBTOR IN A BANKRUPTCY CASE // Journal of Legal Sciences. – 2025. – № 1 (45). – С. 43-50. doi: 10.21777/2587-9472-2025-1-43-50