Information Unit (part of the investment holding company Finam) held a conference on The Law on Financial Recovery: lobby of big business or contemporary practice?. Its members believe that the bill prepared by the Mayor on the financial rehabilitation of debtors to allow bona fide resort to financial health and a bona fide creditors more opportunities to identify the debtor's property and to prosecute business owners.

According to the EAC Russia in the first half of 2009 from 16,312 bankruptcy cases taken to the production of which is aimed at financial recovery of only 25, says the scientific director of the Institute of National StrategyNikita Krichevsky: Today, under the guise of bankruptcy is anything - raider grabs, theft, fraud. The new law aims to somehow try to change the situation.

Now on financial recovery more harm than good, I'm sure lawyers Egorov, Puginsky, Afanasiev and Partners Maxim Rasputin: Restoration of the debtor, he does not contribute, and gain time for the withdrawal of assets helps. The bill is aimed at ensure that this procedure is beginning to work effectively.

Managing Director, Member of the Board of A1-group Alexei Shavrov notes that the procedure of bankruptcy, as it had not carried out, can not strike a balance between the interests of all debtors and all creditors. Experts estimate that the proposed changes provide more opportunities for honest debtors and creditors.

shares the views of colleagues and managing partner of the legal office Padva and Epstein, Simon Epstein. He believes that the law would allow honest debtors to resort to financial health and a bona fide creditors will give more opportunities to identify the debtor's property and to prosecute the real owners of a business: It could be called a success of debtors in the struggle for survival, but rather weak, because the applied it will be selective. a creditor has the right to apply for bankruptcy of the debtor, and that means the introduction of surveillance against the debtor. The project will not change in this part of the existing law. There is a new right of the debtor - to make a statement on the introduction of financial recovery. But this requires serious training, or have to go on the normal track.

Mr. Rasputin adds that because of these factors speak about the shortcomings of the bill developed for debtor and creditors concerning the current law would be incorrect. At the same time among the pluses, which provides for creditors' bill, Mr. Epstein provides them the right to seek bankruptcy members of the group of persons, if one unlawfully withdrawn assets, as well as to more effectively bankrupt holding companies, including international ones. According to the expert, for debtors to innovation has the following benefits: creditors are divided into classes, so a financial recovery plan could be adopted by a meeting of creditors (including, if not all creditors unanimously agreed with him), the court may approve a plan of FD, even if creditors These do not agree (under the guarantee of an administrative manager who is responsible for damages); appears stage, from which would be realistic enough to go without losing business.

The current bankruptcy law is imperfect, said Mr. Shavrov. Therefore, the introduction of amendments designed LED justified, if only because they initiate debate on this issue.

Department of Public Relations and Media Investment Holding Finam.
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