RusBankrot
We know everything about bankruptcy
20/05/2026
Wednesday
THIS DAY IN HISTORY:
20 May 
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
20 May
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
THE SUPREME COURT WILL CONSIDER A LAWSUIT ON THE LEGAL COSTS OF BANKRUPTCY
On June 8, the Board of the Supreme Court of the Russian Federation (SCEC) plans to consider a case that may change the approach to paying court costs in insolvency proceedings. We are talking about a dispute over the compensation of costs in the amount of 240 thousand rubles. The court will have to answer the question of whether to include them in the register of creditors' claims or recognize them as current payments.
The reason for the proceedings was the Dmitry Shamaev insolvency case (No. A45-31467/2021). The Financial Manager (FY) applied to the court with a statement about disagreements that had arisen with one of the creditors. The stumbling block was the procedure for meeting these legal costs.
Up to this point, the courts of several instances have concluded that the expenses relate to current payments. The judicial act on the recovery of costs was adopted after the start of the debtor's bankruptcy case. Therefore, the judges decided, the creditor's claim should be considered independent.
However, FU's position turned out to be different. He filed a cassation appeal with the Supreme Court of the Russian Federation, insisting that court costs should not be separated from the main obligation. The creditor's initial claim arose even before the bankruptcy procedure was introduced. This means that all the costs associated with it are additional requirements. Therefore, they should be included in the third queue of the registry along with financial sanctions, and not as part of current payments.
The Supreme Court considered the arguments of the complaint worthy of attention. In preparation for the dispute, Judge Nadezhda Ksenofontova made reference to the Act of the Constitutional Court of the Russian Federation dated March 19, 2024, No. 11-P. This resolution describes precisely those exceptional cases in which court costs in insolvency cases can be recognized as current payments.
No such exceptions were found in the court materials in the case of Dmitry Shamaev. The costs were recovered in the usual manner. In addition, they were directly related to a claim already included in the register as part of the bankruptcy procedure.
The Supreme Court will have to put the final legal point on this issue. The decision could seriously affect the future arbitration practice of allocating court costs in bankruptcy.
Photo: Freepik
The reason for the proceedings was the Dmitry Shamaev insolvency case (No. A45-31467/2021). The Financial Manager (FY) applied to the court with a statement about disagreements that had arisen with one of the creditors. The stumbling block was the procedure for meeting these legal costs.
Up to this point, the courts of several instances have concluded that the expenses relate to current payments. The judicial act on the recovery of costs was adopted after the start of the debtor's bankruptcy case. Therefore, the judges decided, the creditor's claim should be considered independent.
However, FU's position turned out to be different. He filed a cassation appeal with the Supreme Court of the Russian Federation, insisting that court costs should not be separated from the main obligation. The creditor's initial claim arose even before the bankruptcy procedure was introduced. This means that all the costs associated with it are additional requirements. Therefore, they should be included in the third queue of the registry along with financial sanctions, and not as part of current payments.
The Supreme Court considered the arguments of the complaint worthy of attention. In preparation for the dispute, Judge Nadezhda Ksenofontova made reference to the Act of the Constitutional Court of the Russian Federation dated March 19, 2024, No. 11-P. This resolution describes precisely those exceptional cases in which court costs in insolvency cases can be recognized as current payments.
No such exceptions were found in the court materials in the case of Dmitry Shamaev. The costs were recovered in the usual manner. In addition, they were directly related to a claim already included in the register as part of the bankruptcy procedure.
The Supreme Court will have to put the final legal point on this issue. The decision could seriously affect the future arbitration practice of allocating court costs in bankruptcy.
Photo: Freepik
18.05.2026
