RusBankrot
We know everything about bankruptcy
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.
DISPUTED LOANS AND THEIR PLACE IN THE QUEUE
The Company applied to the court for the inclusion of claims in the debtor's register (case no. A72-3002/24).
The courts of two instances partially satisfied the application, finding that the loan agreements were not included in the case file, since the fact of the transfer of funds by the parties was not disputed, the courts pointed out that the rules on unjustified enrichment were applicable to the disputed relationship.
Considering that the case file contains evidence of the creditor's transfer of funds to the debtor specifically under the interest-bearing loan agreement, the receipt of funds in the amount claimed by the creditor has not been disputed, and evidence of the return of the funds received has not been provided, the courts concluded that the funds should have been returned by the defendant with interest.
Since the amount of the debt has been confirmed, no evidence of repayment has been provided, the creditor's claim has been recognized by the courts as justified in the stated amount. Agreeing with the argument of the debtor's manager about the existence of signs of affiliation between the debtor and the creditor, taking into account that the creditor had not taken measures to recover debts from the debtor for a long period of time, the courts concluded that the creditor's claim was a demand for the return of compensation financing. In this regard, it must be satisfied in the order preceding the allocation of the liquidation quota.
The cassation sent the dispute for reconsideration in part, considering the conclusions of the court of appeal regarding the existence of a loan relationship between the debtor and the creditor, as well as the amount of debt, relevant to the factual circumstances based on a study of the evidence available in the case. However, the court of first instance concluded that it was necessary to subordinate the creditor's claims, having established the existence of abuse of rights in order to gain control over the bankruptcy procedure. The Court of Appeal agreed with the conclusions of the court of first instance, also establishing grounds for subordination.
At the same time, the courts did not take into account the absence of one of these circumstances excludes the possibility of subordination of the creditor's claims. Concluding that the parties to the loan were affiliated, the courts referred to the existence of signs of actual affiliation due to transactions made on terms inaccessible to ordinary market participants. However, there is no loan agreement in the case file and the terms of the transaction were not established by the court. The arguments of the cassation appeal that the courts did not evaluate the creditor's arguments about the lack of evidence of affiliation between him and the debtor deserve attention.
Photo: Freepik
The courts of two instances partially satisfied the application, finding that the loan agreements were not included in the case file, since the fact of the transfer of funds by the parties was not disputed, the courts pointed out that the rules on unjustified enrichment were applicable to the disputed relationship.
Considering that the case file contains evidence of the creditor's transfer of funds to the debtor specifically under the interest-bearing loan agreement, the receipt of funds in the amount claimed by the creditor has not been disputed, and evidence of the return of the funds received has not been provided, the courts concluded that the funds should have been returned by the defendant with interest.
Since the amount of the debt has been confirmed, no evidence of repayment has been provided, the creditor's claim has been recognized by the courts as justified in the stated amount. Agreeing with the argument of the debtor's manager about the existence of signs of affiliation between the debtor and the creditor, taking into account that the creditor had not taken measures to recover debts from the debtor for a long period of time, the courts concluded that the creditor's claim was a demand for the return of compensation financing. In this regard, it must be satisfied in the order preceding the allocation of the liquidation quota.
The cassation sent the dispute for reconsideration in part, considering the conclusions of the court of appeal regarding the existence of a loan relationship between the debtor and the creditor, as well as the amount of debt, relevant to the factual circumstances based on a study of the evidence available in the case. However, the court of first instance concluded that it was necessary to subordinate the creditor's claims, having established the existence of abuse of rights in order to gain control over the bankruptcy procedure. The Court of Appeal agreed with the conclusions of the court of first instance, also establishing grounds for subordination.
At the same time, the courts did not take into account the absence of one of these circumstances excludes the possibility of subordination of the creditor's claims. Concluding that the parties to the loan were affiliated, the courts referred to the existence of signs of actual affiliation due to transactions made on terms inaccessible to ordinary market participants. However, there is no loan agreement in the case file and the terms of the transaction were not established by the court. The arguments of the cassation appeal that the courts did not evaluate the creditor's arguments about the lack of evidence of affiliation between him and the debtor deserve attention.
Photo: Freepik
02.10.2025
