THE SPECIFICS OF THE SUBORDINATION OF RESTORATIVE CLAIMS

The creditor applied to the court to include the claim in the debtor's register (case no. A41-50577/21). The creditor's claim arose as a result of the application of restitution in the framework of a dispute over the invalidation of a transaction in the bankruptcy case of the creditor himself.

The court of first instance satisfied the application, concluding that the validity and confirmation of the creditor's claims against the debtor, the existence of grounds for inclusion in the third stage of the register in the declared amount.

The higher courts subordinated the claim, based on the unfair behavior of the creditor when making payments in favor of the debtor, applying to him a measure of responsibility in the form of lowering the priority of the restored claim.

The Supreme Court of the Russian Federation upheld the ruling of the first instance and noted that lowering the priority of the restored claim is a special type of liability applied to the creditor in connection with the commission of unlawful guilty actions by him to conclude a transaction that led to violation of the rights of other creditors of the debtor.

The absence of misconduct in relation to the debtor's creditors excludes the possibility of applying this type of liability.

Since the claim is made in the interests of the debtor's community of creditors in order to restore their violated rights, the rule on lowering the priority of satisfaction of the claim is inapplicable.

A creditor's restorative claim based on the invalidation of a transaction within the framework of the bankruptcy case of the creditor itself is not subject to a reduction in the priority of satisfaction.