Surety in Bankruptcy: The Legal Status of the Surety and the Debtor

In the article, the author discusses the issues of surety in bankruptcy. In particular, the author analyzes the legal status of the guarantor and debtor in bankruptcy. It is concluded that insufficient attention is paid to this issue in science. The article deals with current problems arising in legal doctrine, as well as in judicial practice. The author analyzes the approaches outlined in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 26 of 06/29/2023 «On the specifics of the application of the rules on surety by courts in insolvency (bankruptcy) cases». The author draws attention to the problem of the identity of the liability of the debtor and the guarantor when the guarantor pays contractual interest and penalties for the period from the introduction of the first procedure against the debtor to the commencement of the bankruptcy procedure of the guarantor. In addition, the author points out the differentiation of responsibility in joint and separate sureties. The article notes that in some positions, the Supreme Court of the Russian Federation, in order to protect the interests of the creditor, departs from the accessory nature of the surety relationship. The article also substantiates the inefficiency of the model of informing the guarantor by the debtor about the performance of the obligation.