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

... The applicants considered that the debt should be subordinated, as the judge at first instance considered. The Supreme Court of Russia put an end to the matter with the polarity of positions of the courts. As part of the debtor's insolvency, the bankruptcy trustee of the creditor filed a claim to include the restorative debt in the register 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 ...

Supreme Court of the Russian Federation clarified what cannot be considered compensatory financing

..., as a result, compensatory funding. The applicant did not agree with this position, which was the reason for the consideration of the case in the Supreme Court of the Russian Federation. The disputed debt was formed as part of the debtor's first bankruptcy case. Then the creditor announced his intention to pay off all the debts of the company, which he subsequently did, and the insolvency case was closed. However, this did not help - the debtor again ended up in bankruptcy proceedings. As part ...

Supreme Court of Russia puts an end to the case on the subordination of the restitution claim

... right the company applied to the court to include the debt in the register of creditors’ claims. The judge of the court of first instance took into account that the companies were affiliated and were subordinate to one beneficiary, while, despite the bankruptcy proceedings initiated against both companies, Rosalko subordinated the claims. The Court of Appeal, the position of which was upheld by the district court, found such subordination impossible. The Board noted that both companies were in the ...

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