THE CANCELLATION OF SUCCESSION IS NOT A REASON TO REFUSE TO BE INCLUDED IN THE REGISTER

THE CANCELLATION OF SUCCESSION IS NOT A REASON TO REFUSE TO BE INCLUDED IN THE REGISTER

THE CANCELLATION OF SUCCESSION IS NOT A REASON TO REFUSE TO BE INCLUDED IN THE REGISTER
The creditor applied to the court for the inclusion of the claim in the register (case no. A40-151615/23).

In refusing to satisfy the application, the courts of two instances proceeded from the fact that the creditor's claims were based on a court ruling on bringing the debtor to subsidiary liability in another bankruptcy case, and the claim itself was assigned to the creditor in the order of disposal of subsidiary liability.

At the same time, the definition of the procedural succession of the creditor in the framework of the specified bankruptcy case was canceled with the referral of the dispute for a new consideration. Thus, the judicial act on which the applicant based his claims has been canceled, which in this case is an independent basis for refusing to satisfy the application.

The cassation did not agree with this approach and sent the dispute for reconsideration, pointing out that the proceedings on a separate dispute on the inclusion of the creditor's claim in the register were subject to suspension until the entry into force of a judicial act issued as a result of a review of the creditor's petition for procedural succession.

24.09.2024