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

... instances supported it, and the district court downgraded the debt in the registry, citing affiliation and, as a result, compensatory funding. The applicant did not agree with this position, which was the reason for the 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, and the insolvency case was closed. However, this did not help - the debtor again ended up in bankruptcy proceedings....

Supreme Court of Russia indicated criteria for challenging the debtor's transaction

The highest court of Russia considered the case on the complaint of a buyer of the debtor's property, whom the district court suspected of being aware of the illegality of the transaction. At the same time, two ... ... of the contract, in the opinion of the servants of Themis and taking into account other circumstances, was not decisive. The Supreme Court of the Russian Federation came to the same conclusion, pointing out that the criterion for recognizing a transaction ...

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

... 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 Tax Service, it became clear that the debt ... ... was missed and the possibility of obtaining information about the court case and the decision from open sources. However, the Supreme Court of the Russian Federation demanded to reconsider the issue, pointing out that at the time of the decision, as well ...

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

The Economic Board considered the complaint of the debtor and the tax authority against the decisions of the courts of appeal and the district, by which the claims of the creditor ... ... qualification of the debtor's financing as compensatory, and therefore such a claim should have been subordinated in the register. The Supreme Court of the Russian Federation canceled the decisions of the court of appeal and the district court and upheld the act ...

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

The case was considered by the highest court at the request of the debtor, who was dissatisfied with the decisions of the lower courts. The claims for the inclusion of a restitution claim in the ... ... by the first instance, but the court of appeal and the district court cancelled the order. Having considered the issue, the Supreme Court of the Russian Federation supported the position of the court of first instance. There was a dispute between the ...

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