AN UNSCRUPULOUS CREDITOR WILL BE DENIED COURT COSTS

AN UNSCRUPULOUS CREDITOR WILL BE DENIED COURT COSTS

AN UNSCRUPULOUS CREDITOR WILL BE DENIED COURT COSTS
In the framework of the bankruptcy case (No. A66-9583/16), the creditor applied to the court for recovery of court costs related to the consideration of his claim for inclusion in the register.


The respondent submitted objections to the creditor's claim on the application, since the latter committed violations during the consideration of his claim, which led to an unjustified delay in the process of considering the application and, as a consequence, an increase in the costs imposed on the recovery.

The application was partially satisfied by the courts of two instances, collecting court costs from the debtor and the creditor in favor of the applicant.

The creditor, not agreeing with the judicial acts, filed a cassation appeal, based on the results of which the district court came to the following conclusions:

"In the case in question, the debtor and his manager objected to the inclusion of the applicant's claim during three rounds of consideration of a separate dispute. In all cases, the creditor objected to the applicant's claim and appealed against the judicial acts along with the debtor's manager.

Repeated consideration of the dispute is caused by the applicant's failure to provide the necessary information and evidence, the negative consequences of her failure to fulfill the procedural obligation to prove, including for reasons of internal corporate relations, cannot be assigned to a creditor who has faithfully exercised his rights and acted along with the bankruptcy trustee and other creditors in the interests of all creditors of the debtor."


23.08.2023