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List of publications on a keyword: «debtor»

  • Mechanisms of strategic default and expropriation of creditors of vertically integrated holdings

    Book Chapter
    Development of the Russian socio-economic system: challenges and prospects
    Author:
    Sergei V. Ilkevich
    Work direction:
    Глава 7
    Abstract:
    The chapter examines the phenomenon of strategic default within vertically integrated industrial structures during periods of liquidity crisis and declining profitability. The relevance is driven by the growing number of corporate conflicts between majority beneficiaries and minority creditors (bondholders) amid high volatility in commodity markets and the tight monetary policy of the Central Bank of the Russian Federation. The aim is to deconstruct the hidden mechanisms of financial flow redistribution within holding structures that enable controlling persons to minimize obligations to external investors. The study considers profit tunneling instruments through transfer pricing, whereby a subsidiary is artificially transformed into a loss center. It also analyzes “reputational arbitrage” – the beneficiary’s choice between preserving investment attractiveness and the direct financial benefit of debt write-offs. The methodological framework combines agency theory, analysis of judicial practice in cases of subsidiary liability, and financial modeling of distressed investment scenarios. The materials are of practical interest to portfolio managers, risk management professionals, and lawyers specializing in bankruptcy. The findings allow for a more accurate assessment of the probability of managed default in private holdings and the real value of distressed assets beyond standard credit ratings.
    Keywords:
    strategic default, vertically integrated holding, expropriation of minority creditors, transfer pricing, asset tunneling, controlling person of the debtor, distressed investing, subsidiary liability of the beneficiary
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  • Critical Analysis of the Norms on Criminal Bankruptcy in the Legislation of Foreign Countries

    Conference Paper
    Law, Economics and Management
    Author:
    Anastasiia A. Chavgun
    Work direction:
    Уголовное право и криминология, уголовно-исполнительное право
    Abstract:
    This article analyzes the features of criminal bankruptcy: excessive casuistry of norms in the legislation of a number of countries, an attempt by the legislator to cover the entire range of ways of committing a crime, which indicates an incorrect approach from the point of view of legislative technique; the other extreme is an abstract approach to the construction of a norm that provides a law enforcement officer with a high degree of freedom when deciding on the presence of corpus delicti in the act.
    Keywords:
    debtor, insolvency, foreign countries, intentional bankruptcy, income
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  • Procedure of Bankruptcy Today

    Book Chapter
    Economics and Law
    Authors:
    Nikita A. Zhulev, Aleksandr I. Grebennikov, Valerii V. Smirnov
    Work direction:
    Глава 1. Экономика и менеджмент
    Abstract:
    This article considers bankruptcy as a method of liquidation of a legal entity, its prerequisites, methods of preventing bankruptcy, procedure, procedure for payments to creditors, as well as the benefits that debtors and creditors can derive from this process.
    Keywords:
    debtor, creditor, bankruptcy, bankruptcy procedure, insolvency, signs of insolvency, legal entity
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  • To the question of the concept, origin and general provisions of subsidiary liability

    Conference Paper
    Law, Economics and Management
    Authors:
    Svetlana V. Mikhneva, Liudmila V. Tatarenko
    Work direction:
    Гражданское и семейное право
    Abstract:
    The article discusses a wide range of developed approaches to the concept, legal nature and essence of subsidiary liability. It is concluded that the subsidiary liability should be understood as the obligation of the person bearing subsidiary liability to cover the debt of the principal debtor if the latter refuses to satisfy the creditor's claims.
    Keywords:
    obligation, debtor, debt, creditor, subsidiary liability
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