The Supreme Court of Russia named the terms of simplified bankruptcy proceedings

The highest court of Russia considered the case at the request of the company, which acquired the rights of claim under a loan agreement with the bank.  The assignee asked to declare insolvent the company, which also received the debt as part of the assignment of the right of claim, but the courts did not come to a consensus on the fate of the case.

The first instance and the district court left the application filed by the assignor without consideration, citing the fact that there was unanswerable cause of action. The fact was that the new cession debtor applied to the arbitration court with a demand to challenge the concluded agreements.

However, the instance of appeal pointed out that the applicant's claim was acquired on the basis of a loan agreement, which means that he has the right to file a bankruptcy petition for his debtor without asking for the debt.

The point in the case was put by Supreme Court of Russia, which noted that the rule providing banks with the opportunity to initiate bankruptcy of their debtors was due to the fact that these requirements, as a rule, are confirmed by standard evidence, and the process of verifying their validity is not very difficult.

Thus, when deciding whether to accept a creditor's claim for processing, the courts must establish whether it is based on a loan agreement with a bank. Consequently, the applicant in the present case had the right to initiate the debtor's insolvency proceedings under a simplified procedure (decision in case No. 304-ES21-5485 of September 15, 2021).