RusBankrot
We know everything about bankruptcy
10/01/2026
Saturday
THIS DAY IN HISTORY:
10 January 
2010 A new type of preventive measure – the house arrest was introduced in Russia.
2010 A new type of preventive measure – the house arrest, was introduced in Russia
1966 India and Pakistan signed a declaration to the end of the war.
1966 India and Pakistan signed a declaration to the end of the war
1863 The world's first subway line with a length of 3.6 km was launched in London.
1863 The world's first subway line with a length of 3.6 km was launched in London
10 January
2010 A new type of preventive measure – the house arrest was introduced in Russia.
2010 A new type of preventive measure – the house arrest, was introduced in Russia
1966 India and Pakistan signed a declaration to the end of the war.
1966 India and Pakistan signed a declaration to the end of the war
1863 The world's first subway line with a length of 3.6 km was launched in London.
1863 The world's first subway line with a length of 3.6 km was launched in London
THE LIMITS OF SUBORDINATION OF AFFILIATED PERSONS' CLAIMS IN BANKRUPTCY
The creditor applied to the court for declaring the debtor bankrupt (case no. A19-28461/24).
The courts of the two instances subordinated the claim based on the creditor's affiliation with the debtor on the basis of membership in the same group of persons, as well as the lack of evidence indicating the possibility of supporting current activities at their own expense. The authorities concluded that the equipment was provided to the debtor in conditions of a property crisis, and the creditor, knowing about the debtor's financial situation, did not withdraw the equipment, continued contractual relations.
The cassation referred the issue for reconsideration, noting that the mere interest (affiliation) of a person in relation to the debtor is not a sufficient reason for lowering the priority of satisfying his claims on non-corporate grounds.
Also, the existence of compensatory financing has not been established, which the controlling person provides in various ways to a controlled legal entity in a state of property crisis in order to return the latter to normal business activities.
At the same time, according to the cassation, the issue of disposal of assets and reserves of the debtor has not been investigated, and it has also not been taken into account that the creditor obtained the right of claim against the debtor on the basis of an assignment agreement concluded with a company whose affiliation with the debtor has not been verified. The conditions stipulated in the rules on non-acceptance of measures to recover debts, continuation of contractual relations on terms inconsistent with the market of services in the event of a property crisis, which are the basis for subordination of the claim, have not been investigated or established by the courts.
The courts of the two instances subordinated the claim based on the creditor's affiliation with the debtor on the basis of membership in the same group of persons, as well as the lack of evidence indicating the possibility of supporting current activities at their own expense. The authorities concluded that the equipment was provided to the debtor in conditions of a property crisis, and the creditor, knowing about the debtor's financial situation, did not withdraw the equipment, continued contractual relations.
The cassation referred the issue for reconsideration, noting that the mere interest (affiliation) of a person in relation to the debtor is not a sufficient reason for lowering the priority of satisfying his claims on non-corporate grounds.
Also, the existence of compensatory financing has not been established, which the controlling person provides in various ways to a controlled legal entity in a state of property crisis in order to return the latter to normal business activities.
At the same time, according to the cassation, the issue of disposal of assets and reserves of the debtor has not been investigated, and it has also not been taken into account that the creditor obtained the right of claim against the debtor on the basis of an assignment agreement concluded with a company whose affiliation with the debtor has not been verified. The conditions stipulated in the rules on non-acceptance of measures to recover debts, continuation of contractual relations on terms inconsistent with the market of services in the event of a property crisis, which are the basis for subordination of the claim, have not been investigated or established by the courts.
23.12.2025
