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Supreme Court of Russia outlined who has the right to initiate simplified bankruptcy procedures

The highest court considered the case, in the framework of which the debtor citizen was tried to be declared insolvent. The courts of lower instances considered that in the procedure used by the applicant it was illegal, however, the economic board recalled the peculiarities of legal relations. We are talking about an assignment agreement, under which the previous creditor of a citizen (a bank) sold the debt to him to another company. This company, due to the citizen's default on the loan, turned...

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

... 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 ... ... 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 ...

Supreme Court of Russia clarified how to identify an invalid creditor

... debt was based on an assignment agreement, as well as on a cash receipt, according to which the assignor transferred the funds to the bankrupt company. The courts of three instances did not see the problem and the claim was satisfied, however, the Supreme Court of Russia drew attention to the importance of a detailed examination of each statement of the creditor in order to determine the validity of his claims. In particular, the economic board noted that the fact of transferring funds to the debtor ...

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