Annotation

The article analyzes certain aspects particular for unfair procedural conduct of promisers during the procedures of debt restructuring in insolvency (bankruptcy) cases. After introduction of mentioned procedure and the appointment of court hearing to consider the issue of approving the debt restructuring plan, some debtors unreasonably object the approval of such a plan. In addition, there is a problem of individual debtors’ failure to implement the approved debt restructuring plan. This, in turn, prevents prompt and best possible satisfaction of creditors' claims. The authors consider the intentional obstruction of debtors to execute debt restructuring plan as a manifestation of unfair procedural conduct, which, upon completion of assets disposal procedure and in case of plan cancellation, should entail certain negative consequences for the debtor. The authors propose an additional legal basis for preventing the individual debtor from unfulfilling their obligations to creditors.