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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 ...

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