Application of the Concept of De Facto Affiliation in Insolvency (Bankruptcy) Cases in Russia and the USA

The study examines the application of the concept of non-statutory insider in insolvency (bankruptcy) cases in the USA. The possibility of applying the criterion of «economic dependence» in establishing affiliation is considered. Using the method of comparative legal research the conclusion is made that it is impossible to apply the criteria of «economic dependence» in the domestic jurisdiction, instead the author of the study proposes the use of the «comparative» test, the essence of which is to compare the relations of factual affiliates by analogy with the relations that are directly provided by the current legislation as affiliation relations.