The court refused to downgrade the claims in case of bankruptcy of an individual

The District Court considered the creditor's complaint against the lower courts' orders to downgrade the priority of his claims in an insolvency case of individual. Applying the rule, the courts concluded that the debtor and the creditor were affiliated and downgraded the latter's claim.

The question concerned the bankruptcy of an individual, whose mother applied to court with a claim to include the debt to her in the register of creditors’ claims. The creditor substantiated her position by mistakenly transferring 3 million rubles to her son's account and asked to take this debt into account when considering other bankruptcy claims.

The lower instances established the fact of the formation of the debt, but considered the existence of a family connection as a reason for downgrading the claims of the mother, referring to the affiliation between the parties.

The district court, considering the cases, reminded colleagues of the meaning of the clause on downgrading the creditor's claims. It lies in the fact that the person controlling the debtor, knowing about his (her) insolvent status, did not notify third parties about this and continued financing, while aggravating the situation with growing debt.

In the case under consideration, the issue concerns the bankruptcy of an individual, who cannot have control over his activities, therefore, the provision on compensatory financing with a downgrading of the creditor's claims in the case under consideration is not applicable (decision in case № A21-16435 / 2019 of September 14, 2021 ).