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

... the debtor and the tax authority against the decisions of the courts of appeal and the district, by which the claims of the creditor affiliated with the debtor were included in the register of creditors’ claims. The applicants considered that the debt ... ... 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 ...

Supreme Court of the Russian Federation indicated mistakes when liquidating a creditor

... who acquired the debt to the bankrupt from the company which was subsequently liquidated. The court of first instance and the district court considered the liquidation of company to be a sufficient ground for excluding the debt from the register of creditors’ claims, but the court of appeal and the Supreme Court of the Russian Federation did not agree with this position. The application to remove the claim of liquidated creditor from the register was initiated by the bankruptcy trustee of the debtor, who considered that since the company did not exist, there was no debt to it. This position was supported by the judge of first instance, however, the appeal stated that since there was a concession of the demand, it ...

The Supreme Court of Russia named the terms of simplified bankruptcy proceedings

... pointed out that the applicant's claim was acquired on the basis of a loan agreement, which means that he has the right to file a bankruptcy petition for his debtor without asking for the debt. The point in the case was put by Supreme Court of Russia, which ... ... standard evidence, and the process of verifying their validity is not very difficult. Thus, when deciding whether to accept a creditor's claim for processing, the courts must establish whether it is based on a loan agreement with a bank. Consequently, ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... Russia considered the case on the complaint of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with ...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

... decision, which recognized the multimillion-dollar debt of an insolvent legal entity in favor of a third company, by one of the creditors (tax authority). The court of appeal and the district court refused to consider the complaint due to the fact that ... ... court recognized the claims as justified and satisfied the claim. At the same time, already in the process of considering the bankruptcy case, the bankruptcy trustee of the debtor filed for an amended tax return. From the information provided by the Federal ...

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

The highest court considered the case, one of the creditors in which filed the claims for inclusion in the register of creditors’ claims. The two first instances supported it,... ... 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,...

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

... dissatisfied with the decisions of the lower courts. The claims for the inclusion of a restitution claim in the register of creditors’ claims, filed by one of the creditors, were subordinated by the first instance, but the court of appeal and the district ... ... 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 ...

The Supreme Court demanded a more detailed consideration of the issue of debt

The highest court considered the case of challenging the debtor's debt to one of the creditors. Prior to this, the judicial act was considered by higher instances on the complaint of the debtor himself, but was kept in force. After that, having reached the Supreme Court of Russia, the act was canceled. The question concerned the debt ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

... Board pointed out that it was not possible to re-consider the claim. The fact is that there were two claims for the debtor's bankruptcy and, as a consequence, for the subsidiary liability of the persons controlling him. In the first case, the court rejected ... ... Subsequently, the proceedings on this bankruptcy were terminated due to the absence of a bankruptcy trustee. Then one of the creditors made another attempt to initiate an insolvency case. This time, another manager again filed an application for prosecuting ...

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