THE COURT: PARTICIPATION IN THE CASE AS A THIRD PARTY IS NOT A GROUND FOR DOWNGRADING THE CLAIMS IN BANKRUPTCY

The Arbitration Court of the Moscow District considered the complaint of the creditor, the claims of which were downgraded by the lower courts due to affiliation with the debtor. As the basis for this, the fact of participation of the debtor and the creditor in another case as third parties was named.

However, the district court did not agree with this interpretation of the law.

The application for inclusion in the register of creditors’ claims was based on the lease legal agreement. The debtor, being the tenant of the creditor's property, simply allowed a delay in payment, which was the reason for applying to court.

The first two instances recognized the statement as justified, but ruled to downgrade the claim due to the fact of affiliation.

The district court did not agree with such conclusions, having recalled that the law provides for a list of persons and grounds when it is possible to recognize the affiliation of the parties. Among them, there is no such reason as joint participation in the case as third parties. In addition, the judicial act issued in this case did not establish the affiliation of the parties and did not reveal their relationship of this kind.

The result of the consideration of the complaint was the cancellation of the previously issued court decisions and the sending of a separate dispute for reconsideration (decision in case No. А40-109334 / 19 of April 28, 2021).