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AFFILIATION DOES NOT ALWAYS ENTAIL SUBORDINATION

The entrepreneur appealed to the court with an application for declaring the company bankrupt (case No. A51-9724/23), justifying his application by the presence of a judicial act that has entered into force to recover debts from the company in favor of the entrepreneur under the contract for the provision of consulting services. The court of first instance, satisfying the application, proceeded from the existence of conditions for recognizing the creditor's application as justified, introducing...

Supreme Court of the Russian Federation specified how to deal with the claims of an affiliated creditor

The Economic Board considered the case on the complaint of a creditor, whose claims were subordinated by the district court. In the first two instances, the claims were included in the register of creditors’ claims without subordination, as the courts found no grounds for it. However, the Supreme Court of the Russian Federation did not agree with any of the colleagues and made a decision to reconsider the case. The essence of the dispute boiled down to the inclusion ...

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