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Supreme Court of Russia explained how to identify a fake creditor

... The Supreme Court of Russia criticized the judges who refused to carry out an examination of the disputed documents and hear the arguments of the ex-head of the debtor company, who was not even included in the process as a witness. The ruling of the Supreme Court, according to legaltop.ru, turned out to be an instruction for identifying a fake creditor. The company ‘RealtService’ carried out the construction of the building of NUSR ‘MISiS’. In the course of the bankruptcy of the company, it turned out that it actually incurred serious expenses, having invested about 800 million of its own funds in construction, which must have been reimbursed from the budget and distributed among co-investors. And here, a creditor ...

IF THE CREDITOR'S CLAIM IS JUSTIFIED, ITS REPAYMENT DOES NOT ENTAIL UNJUSTIFIED ENRICHMENT

... higher courts satisfied the claim, noting that the funds were received on the basis of a subsequently canceled judicial act on the inclusion of the claim in the register, therefore, the amounts received are unjustified payments subject to return to the bankruptcy estate. The Supreme Court referred the defendant's complaint to the board, emphasizing the following: "The defendant insists that when reviewing the judicial ruling on the inclusion of his claim in the register, the validity of the debt was not questioned, according ...

CREDITORS MAY BE CHARGED LOSSES FOR AN UNPROFITABLE BANKRUPT TRANSACTION

Losses for a transaction involving a recognized insolvent enterprise can be collected not only from its bankruptcy trustee, but also from creditors who approved it. The corresponding definition is contained on the website of the Supreme Court of Russia. The court came to such conclusions during the bankruptcy proceedings of the Vyborg Timber Corporation, which belonged to Vyborg Ltd. The bank "Tavrichesky" was chosen as one of the creditors. In 2018, the company was ...

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