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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 affiliated with the debtor were included in the register of creditors’ claims. The applicants considered that the debt should ...

Modified: 04.06.2022
Supreme Court of the Russian Federation , definition , subordination of claims , affiliation , debtor , creditor , bankruptcy
Path: РусБанкрот - СМИ

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

... 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....

Modified: 04.05.2022
Supreme Court of the Russian Federation , definition , compensatory financing , subordination of claims , debtor , creditor , bankruptcy , bankruptcy of legal entities
Path: РусБанкрот - СМИ

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 register of creditors’ claims, filed by one of the creditors, were subordinated by the first instance, but the court of appeal ...

Modified: 02.16.2022
Supreme Court of the Russian Federation , definition , restitution claim , subordination of claims , bankruptcy , company bankruptcy , debtor , creditor
Path: РусБанкрот - СМИ
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