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District Court allowed an installment payment on amicable agreement in bankruptcy

... challenge and terminate the amicable agreement. The applicant in the present case owned a smaller share, which deprived him of the right to challenge it. Moreover, the conclusion of the lower instance that the court had no right to change the terms of the amicable agreement was also erroneous. As a result, the ruling of the court of first instance was upheld, and the ruling of the court of appeal was canceled (decision No. F09-7441 / 17 of September 6, 2021 in case № A60-4409 / 2016).

The court canceled amicable agreement due to the provisions on subsidy liability

The Arbitration Court of the North Caucasian District considered the case on the complaint of one of the creditors, who expressed dissatisfaction with the terms of the amicable agreement concluded with the debtor. The document was signed by two majority creditors and contained, among other things, a refusal to bring the controlling debtor to subsidiary liability. The court of first instance was not confused by such ...

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