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.
LOANS BETWEEN FRIENDS: WHEN DEBT BECOMES A NON-PRIORITY
The creditor applied to the court for the inclusion of claims in the debtor's register (case no. A41-84968/22).
The courts of two instances partially satisfied the application, based on the fact that the fact of providing funds to the company under the loan agreement was documented. There is no evidence of the company's fulfillment of its obligations under the loan agreement. Consequently, the company has a debt under the loan agreement. The presented calculation of the amount of interest for the use of the loan and the accrued penalty has not been refuted.
The cassation subordinated the claim, since during the consideration of the dispute, the bankruptcy trustee pointed out the affiliation of the debtor and the creditor, insisting on lowering the priority of satisfying the creditor's claim. The courts rejected the relevant arguments of the bankruptcy trustee, referring to the fact that the creditor was an interested party in relation to the debtor, however, this circumstance in itself does not indicate the imaginary legal relationship.
The bankruptcy trustee also did not provide evidence that the loan amount was provided by the creditor to the debtor in a situation of the latter's property crisis. The debtor's bankruptcy proceedings were initiated more than four years after the loan in question was granted. The debtor's outstanding obligations under another contract served as the basis for initiating the proceedings. Thus, the fact that the debtor is in a state of property crisis at the time of the loan is not proven.
If a loan is not granted in the context of a property crisis, failure to take measures to claim it after the deadline agreed in the contract is the provision of compensatory financing to the debtor. That is, the non-demand by the controlling person of the loan within a reasonable period after the expiration of the period for which it was granted, as well as the refusal to exercise the right to early claim the loan or the signing of an additional agreement to extend the repayment period of the loan, are actually forms of financing the debtor. If such financing is carried out in conditions of a property crisis, allowing the debtor to continue his business activities, then it is recognized as compensatory, with all risks attributed to the controlling person, including the risk of loss of this financing in the event of objective bankruptcy.
The cassation instance also noted that in the present case, the totality of the established circumstances remained without the assessment of the courts. The loan is provided to the debtor by an affiliated person for a certain period of time. By an additional agreement, the loan repayment period was extended to a new term. At the same time, the debtor had previously given a guarantee, which subsequently served as the basis for initiating bankruptcy proceedings. The disputed loan was not in demand in the situation of a property crisis on the debtor's side, which led to the bankruptcy of the company.
Photo: Freepik
The courts of two instances partially satisfied the application, based on the fact that the fact of providing funds to the company under the loan agreement was documented. There is no evidence of the company's fulfillment of its obligations under the loan agreement. Consequently, the company has a debt under the loan agreement. The presented calculation of the amount of interest for the use of the loan and the accrued penalty has not been refuted.
The cassation subordinated the claim, since during the consideration of the dispute, the bankruptcy trustee pointed out the affiliation of the debtor and the creditor, insisting on lowering the priority of satisfying the creditor's claim. The courts rejected the relevant arguments of the bankruptcy trustee, referring to the fact that the creditor was an interested party in relation to the debtor, however, this circumstance in itself does not indicate the imaginary legal relationship.
The bankruptcy trustee also did not provide evidence that the loan amount was provided by the creditor to the debtor in a situation of the latter's property crisis. The debtor's bankruptcy proceedings were initiated more than four years after the loan in question was granted. The debtor's outstanding obligations under another contract served as the basis for initiating the proceedings. Thus, the fact that the debtor is in a state of property crisis at the time of the loan is not proven.
If a loan is not granted in the context of a property crisis, failure to take measures to claim it after the deadline agreed in the contract is the provision of compensatory financing to the debtor. That is, the non-demand by the controlling person of the loan within a reasonable period after the expiration of the period for which it was granted, as well as the refusal to exercise the right to early claim the loan or the signing of an additional agreement to extend the repayment period of the loan, are actually forms of financing the debtor. If such financing is carried out in conditions of a property crisis, allowing the debtor to continue his business activities, then it is recognized as compensatory, with all risks attributed to the controlling person, including the risk of loss of this financing in the event of objective bankruptcy.
The cassation instance also noted that in the present case, the totality of the established circumstances remained without the assessment of the courts. The loan is provided to the debtor by an affiliated person for a certain period of time. By an additional agreement, the loan repayment period was extended to a new term. At the same time, the debtor had previously given a guarantee, which subsequently served as the basis for initiating bankruptcy proceedings. The disputed loan was not in demand in the situation of a property crisis on the debtor's side, which led to the bankruptcy of the company.
Photo: Freepik
16.09.2025
