Supreme Court of Russia found errors in the satisfaction of claim for reconsideration of case

The case on the complaint of one of the debtor's creditors, whose claim other participants in the bankruptcy process decided to challenge due to the newly discovered circumstances, was referred to the Highest court.  Their arguments were listened to by the lower instances, the decision to include the debt in the register of creditors’ claims was canceled, but the creditor considered it unfounded and complained to the Supreme Court of Russia.

The arguments of the judges of three instances, in fact, boiled down to two aspects arising from the judicial act within the framework of the insolvency of the creditor itself.

The resolution established the fact of the invalidity of the assignment agreement, on which the applicant based his claims against the debtor. In addition, the fact of affiliation of the parties to the transaction was reported in the judicial act.

However, this justification did not convince the highest court, the economic board considered it necessary to cancel the adopted decisions and send the case for reconsideration.

The Supreme Court of the Russian Federation pointed out that the return of funds received under the recognized invalid transaction did not take place, therefore, the transfer of claims to the assignor could not occur, and therefore there were no grounds for replacing the creditor.

In addition, the Economic Board also pointed out the fact that the applicants did not name any new circumstances regarding the affiliation of the parties to the transaction and requiring a reconsideration of the resolution. In substantiating their position, they referred to the information contained in the Unified State Register of Legal Entities, which was available at the time of consideration of the issue of including the debt in the register of creditors’ claims (decision No. 310-ES21-17848 (1, 2) dated December 27, 2021 in case № A23-1812/2019).