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THE ACTUAL AFFILIATION DOES NOT EXCLUDE THE REALITY OF THE CONTRACT

... indicated the specific employees who drove the vehicles and explained the procedure for paying them for the work performed. The courts mistakenly did not consider it necessary to verify the defendant's arguments. The conclusion of the courts on the actual affiliation of the debtor and the defendant is based on the established circumstances of their interaction through certain persons, the unpitiality for independent creditors to provide services in the absence of payment, while being aware of the actual ...

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

... of creditors’ claims. It was formed as a result of the invalidation of the transfer of funds by the creditor in favor of the debtor with the recognition of the operation as compensatory financing. The court of first instance, taking into account the affiliation of parties and their subordination to one beneficiary, satisfied the claim, included the debt in the register, having subordinated it. However, this position did not survive further challenge of the judicial act. The appeal and the district ...

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

... the actions of the manager had never been contested - no complaints had been filed against him, he had not been disqualified or expelled from his SRO. However, the district court drew the attention of colleagues to the fact that, given the established affiliation of the parties with the trustee, the law and judicial practice allow his removal from the participation in the case. The board indicated that this issue had not been sufficiently investigated by the lower courts, which could have led to the ...

SUPREME COURT OF RUSSIA: LOWERING OF PRIORITY OF CLAIM IS NOT APPLICABLE IN BANKRUPTCY OF INDIVIDUAL

The Economic Board of the Supreme Court considered the case on the complaint of one of the creditors of the bankrupt individual, whose claims were lowered due to affiliation with the debtor. The lower courts came to the conclusion about the relationship between the debtor and the creditor, concluding that the loan issued by the creditor is justified, but is subject to satisfaction in the order preceding the distribution ...

THE COURT: PARTICIPATION IN THE CASE AS A THIRD PARTY IS NOT A GROUND FOR DOWNGRADING THE CLAIMS IN BANKRUPTCY

The Arbitration Court of the Moscow District considered the complaint of the creditor, the claims of which were downgraded by the lower courts due to affiliation with the debtor. As the basis for this, the fact of participation of the debtor and the creditor in another case as third parties was named. However, the district court did not agree with this interpretation of the law. The application for ...

DISTRICT COURT PUT AN END TO THE CASE ON SUBORTINATION OF CREDITORS’ CLAIMS

... introduction of the monitoring procedure, the lender requested that the debt owed to him should be included in the register. The court of the first instance satisfied the application. However, the appeal court canceled the ruling, having found the fact of affiliation between the parties to the transaction. The result of consideration in the second instance was the subordination of the creditor's claims and a court order to pay off the debt to him after all other declared creditors. At the same time, the ...

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