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THE SUPREME COURT OF RUSSIA CLARIFIED THE CRITERIA OF BAD FAITH OF GUARANTEE GIVER IN BANKRUPTCY

... agreement, but this situation did not affect the debtor in any way, as the guarantee was fulfilled. Thus, the compulsory execution of an agreement on a bank guarantee in this case cannot be a reason for downgrading the claims of the guarantor to the principal. At the same time, the Supreme Court also clarified the moment of debt qualification. The fact is that the bank's recourse claim arose after the initiation of a case on the insolvency of the debtor (principal), which could have served as a reason ...

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