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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 ...

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

... claims, having convinced three courts of lawfulness of his actions. In motivating their position, the judges proceeded from the fact that at the time of receipt of the notification of the offset of claims, the contractor already had other obligations to creditors, the claims of which were subsequently included in the register of creditors’ claims and have not been satisfied so far, which meant the preference of the interests of one creditor in relation to others. However, the Supreme Court took a different ...

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