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... 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 could not be excluded from the register, but a procedural succession must have been carried out. However, the district court noted that neither the parties nor the court had any information about the creditor's successor, and the assignee himself had been inactive for a long time and did not claim his rights. On this basis, three judges canceled the decision of the court of appeal, leaving the judgment of the first instance in force. When considering ...
Modified: 01.26.2022... price. At the same time, at the time of consideration of the application, it was already known that the debtor had no property, and the case was at the stage of bringing the persons controlling him to subsidiary liability. Having rejected the procedural succession, the courts suspected the failed creditor of obstructing the normal course of the bankruptcy case and bad faith. As for the district court, its board found no such circumstances, having indicated the right of both parties to conclude an assignment agreement and to transfer the right ...
Modified: 05.12.2021Sorted by relevance | Sort by date