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THE COURT DEFENDED THE RIGHTS OF AN EQUITY PARTICIPANT IN A DISPUTE WITH A BANKRUPT

An equity participation agreement was concluded between the citizen and the developer, the rights under which were subsequently transferred to the company. The developer was declared bankrupt, and his manager appealed to the Federal Register, and then to the court (case no. A40-192752/21), demanding registration of termination of the specified contract. The claim was motivated by the fact that the debtor had declared a unilateral refusal to fulfill obligations under the equity participation agreement...

District court clarified what to do with a participatory who was late with his claims

... delay in the filing of claims by the creditor. Considering the complaint, the district court recalled that according to the bankruptcy legislation in force, at the time of the disputed legal relationship, the manager was obliged to notify in writing all equity holders about the start of the insolvency procedure of the developer and the possibility of filing applications for inclusion in the RTK. In this case, the deadline for submitting applications is associated precisely with the receipt of the manager's ...

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