PROBLEMATIC ISSUES OF ADMINISTRATOR ACTIONS DURING THE PROCESS OF PHYSICAL PERSONS BANKRUPTCY

Abstract

The administrator presents the debtor in matters related to the insolvency proceedings of a physical person. The existing legal regulation does not provide clear and explicit representation of the extent to which the administrator may represent the debtor. There are no doubts that the administrator has the right to represent the debtor in disputes with creditors on creditors claims of the charges (their presence and amount). But the question remains open whether the administrator has the right to represent the debtor, for example, in cases of divorce and division of joint property, affairs (claims  led but not examined prior to the announcement of the insolvency proceedings) of debt recovery (loss) for the bene t of the debtor. The purpose of the abstract is to analyze the current status (the rights of) administrator in bankruptcy of an individual, the particular opinions of the Supreme Court judges, the planned amendment to the Law of Insolvency. The main conclusion - the administrator must have a range of legal powers in the process of bankruptcy of physical persons, which would give the opportunity to make full use of its responsibilities - to ensure a legal and ef cient process of bankruptcy of a physical person.