Currently the creditor, who has claim rights towards joint and several debtors, faces a number of difficulties when exercising his rights within the framework of bankruptcy procedure. Such difficulties originate from the fact that bankruptcy legislation does not govern such situation specifically. The judicial authorities also apply a variety of approaches. Is the creditor entitled to initiate bankruptcy proceedings against all joint and several debtors or only against one of them? How do the rights of the creditor and of the surety regarding the debtor, who has partially settled the debt, correlate within the framework of bankruptcy proceedings? Specialists of the Law Firm "YUST" – Partner, Advocate Artem Kukin and Lawyer Rodion Smirnov – answer these and other questions in the article “Bankruptcy procedures regarding joint and several debtors” (“Corporate Lawyer” magazine, No. 5, 2012).
04.07.2012