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Supreme Court of Russia clarified when the claims of a creditor cannot be included in the register of claims

... position of the group of companies in the subsequent bankruptcy of the sinking company. The court of appeal and the district court disagreed with such a conclusion, stating that at the time the purchases were made, the debtor's position was stable and the cession protected the debtor's main asset - a real estate object. However, the Supreme Court of the Russian Federation supported the opinion of the court of first instance, pointing out that in a situation of affiliation of companies, as well as the use ...

Supreme Court of Russia clarified how to identify an invalid creditor

The highest court of Russia considered the case on the complaint against the lower judicial acts, which satisfied the creditor's application for the inclusion of the debt to him in the register of creditors’ claims. The debt was based on an assignment agreement, as well as on a cash receipt, according to which the assignor transferred the funds to the bankrupt company. The courts of three instances did not see the problem and the claim was satisfied, however, the Supreme Court of Russia drew attention...

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

... did not come to a consensus on the fate of the case. The first instance and the district court left the application filed by the assignor without consideration, citing the fact that there was unanswerable cause of action. The fact was that the new cession debtor applied to the arbitration court with a demand to challenge the concluded agreements. However, the instance of appeal pointed out that the applicant's claim was acquired on the basis of a loan agreement, which means that he has the right ...

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