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How the creditor’s inactivity affected the fate of debt in bankruptcy

... give his consent to this. Subsequently, the creditor applied to the arbitration court and received a positive decision to collect the debt, including from the guarantor under the new contract terms that were not agreed with the last one. An attempt to challenge the judicial act did not lead to success, since the procedural deadline for filing a complaint was missed. The decision entered into force, and on its basis the creditor tried to join the register of creditors’ claims, but the courts found this unacceptable. At the same time, the Supreme Court of the Russian Federation reminded its colleagues that the judicial acts that have entered into legal force are binding ...

The Supreme Court of Russia canceled the conclusion of amicable agreement due to the negligence of judges

The Economic Board of the Supreme Court of Russia considered the case on the complaint of the creditor (bank), which challenged the conclusion of an amicable agreement in the proceedings related to the insolvency case. The lower courts did not see any violations of the applicant's rights, but the Supreme Court sided with the bank. The dispute arose against the background ...

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