NOT ALL FINANCING IS COMPENSATORY

The creditor applied to the court for the inclusion of the claim in the debtor's register (case no. A40-141922/23).

The courts of two instances subordinated the claim, establishing the affiliation of the debtor and the applicant, as well as the presence of compensatory financing on the part of the applicant to the debtor.

The cassation included the requirement in the 3rd stage of the register, guided by the fact that the courts did not take into account the circumstances under which invalid transactions were made, established in another case.

The creditor's claim is based on the fact that the illegally transferred property was used by the debtor and the debtor received income from it in the form of lease payments. These legal relations are not relations arising from a loan agreement, and do not constitute a transfer of borrowed funds.