Problems of Realization of the Right to Appeal to the Court for Recognition of a Citizen as Bankrupt

Abstract

The article deals with the problem of the right to appeal to the Court of Arbitration with the question of recognition of a citizen as bankrupt. Include categories of persons in respect of which raises the question of recognition of their bankruptcy. Examples of judicial practice and highlights the interpretation of the application of the Law on bankruptcy, in accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation from 13.10.2015 N 4. The conclusion is that the status of the individual businessman as head of KFH is essential to allow the use of the latest provisions of the Bankruptcy citizens, because it is decisive in determining which provisions of the law to be applied in the event of insolvency of the individual entrepreneur. In this study indicated that if on the side of the citizen – the debtor has outstanding obligations from credit relations, the creditor may apply to the court for recognition of the citizen as bankrupt.