RusBankrot
We know everything about bankruptcy
19/02/2026
Thursday
THIS DAY IN HISTORY:
19 February 
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
19 February
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
REINSTATED CLAIM AFTER CONTESTING THE TRANSACTION: CONDITIONS FOR SAVING THE 3RD QUEUE
The entrepreneur applied to the court for the inclusion of claims in the debtor's register (case no. A40-62412/20).
The court of first instance, considering that the creditor returned the funds to the debtor's bankruptcy estate, having established that the deadline for submitting the restored claim had not been missed, concluded that the creditor's claim was justified and should be included in the register.
The Court of Appeal came to a different conclusion, considering that, taking into account the signs of affiliation of the parties, as well as the grounds on which the transaction was declared invalid by a judicial act, the creditor's claims must be satisfied in the order preceding the distribution of the liquidation quota.
The cassation upheld the ruling of the first instance, noting that in the case in question, the transactions were declared invalid by the judicial act that entered into force, and the court applied the consequences of the invalidity of the transactions, including in the form of restoring the company's debt to the entrepreneur.
Contrary to the conclusions of the court of appeal, in the framework of a separate dispute over the invalidation of the transaction, the court did not establish the dishonesty of the defendant's behavior when accepting disputed payments from the debtor.
At the same time, concluding that there are grounds for lowering the entrepreneur's claim in connection with the established affiliation of the creditor with the debtor, the court of appeal did not take into account that the conclusion of a transaction between affiliated persons cannot serve as an independent sign of abuse of law in their behavior.
In order to lower the company's claim, it was necessary to establish two key circumstances: the affiliation of the creditor and the debtor, as well as the existence of a property crisis at the date of the debt. The above circumstances have not been established by the courts in the context of the present dispute. Thus, according to the cassation, the court of first instance lawfully included the creditor's claim in the register of creditors' claims of the debtor of the third stage.
The court of first instance, considering that the creditor returned the funds to the debtor's bankruptcy estate, having established that the deadline for submitting the restored claim had not been missed, concluded that the creditor's claim was justified and should be included in the register.
The Court of Appeal came to a different conclusion, considering that, taking into account the signs of affiliation of the parties, as well as the grounds on which the transaction was declared invalid by a judicial act, the creditor's claims must be satisfied in the order preceding the distribution of the liquidation quota.
The cassation upheld the ruling of the first instance, noting that in the case in question, the transactions were declared invalid by the judicial act that entered into force, and the court applied the consequences of the invalidity of the transactions, including in the form of restoring the company's debt to the entrepreneur.
Contrary to the conclusions of the court of appeal, in the framework of a separate dispute over the invalidation of the transaction, the court did not establish the dishonesty of the defendant's behavior when accepting disputed payments from the debtor.
At the same time, concluding that there are grounds for lowering the entrepreneur's claim in connection with the established affiliation of the creditor with the debtor, the court of appeal did not take into account that the conclusion of a transaction between affiliated persons cannot serve as an independent sign of abuse of law in their behavior.
In order to lower the company's claim, it was necessary to establish two key circumstances: the affiliation of the creditor and the debtor, as well as the existence of a property crisis at the date of the debt. The above circumstances have not been established by the courts in the context of the present dispute. Thus, according to the cassation, the court of first instance lawfully included the creditor's claim in the register of creditors' claims of the debtor of the third stage.
10.02.2026
