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... judges pointed out that the applicant had not disclosed his economic justification for acquiring the right of claim against the debtor at an increased 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 of claim to the debtor. Moreover, the agreement concluded between the parties was not challenged ...
Modified: 05.12.2021Sorted by relevance | Sort by date