RusBankrot
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05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
Dispute over the legality of the decisions of the creditors' meeting in the presence of potentially affiliated persons
The Company and the bank applied to the court to challenge the decisions taken at the creditors' meeting (case no. A56-11178/16).
In refusing to satisfy the claims, the courts of the two instances were guided by the fact that, firstly, the affiliation of creditors had not been confirmed. And secondly, the current legislation does not prohibit participation in a creditors' meeting on the approval of a settlement agreement of creditors affiliated with the debtor.
In sending the dispute for reconsideration, the cassation proceeded from the failure of the courts to take into account the fact that proving the fact of common economic interests is permissible not only through confirmation of legal affiliation (in particular, the affiliation of persons to the same group of companies through corporate participation), but also factual.
In the opinion of the court, the above-mentioned non-standard situation that arose in this bankruptcy case may indicate that the debtor and the companies working with him in conjunction had a specific plan to overcome the crisis.
Since these circumstances were not investigated by the courts when deciding on the persons who may participate in voting on the issue of determining the candidacy of the arbitration administrator, the conclusion of the courts of first and appellate instances on the validity of the creditors' meeting's decision on the sixth item of the meeting's agenda cannot be considered justified.
Photo: Freepik
In refusing to satisfy the claims, the courts of the two instances were guided by the fact that, firstly, the affiliation of creditors had not been confirmed. And secondly, the current legislation does not prohibit participation in a creditors' meeting on the approval of a settlement agreement of creditors affiliated with the debtor.
In sending the dispute for reconsideration, the cassation proceeded from the failure of the courts to take into account the fact that proving the fact of common economic interests is permissible not only through confirmation of legal affiliation (in particular, the affiliation of persons to the same group of companies through corporate participation), but also factual.
In the opinion of the court, the above-mentioned non-standard situation that arose in this bankruptcy case may indicate that the debtor and the companies working with him in conjunction had a specific plan to overcome the crisis.
Since these circumstances were not investigated by the courts when deciding on the persons who may participate in voting on the issue of determining the candidacy of the arbitration administrator, the conclusion of the courts of first and appellate instances on the validity of the creditors' meeting's decision on the sixth item of the meeting's agenda cannot be considered justified.
Photo: Freepik
15.09.2025
