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

... instances supported it, and the district court downgraded the debt in the registry, citing 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....

Supreme Court of Russia indicated what the courts should take into account when including debts in the register of creditors’ claims

The highest court considered the case on the complaint of one of the debtor's creditors, who expressed disagreement with the position of the lower instances. The judges consistently satisfied another ... ... to have the debt owed to him included in the register of creditors’ claims, despite the applicant's objections. However, the Supreme Court of the Russian Federation made a decision to reconsider the case, having found a significant error. The disputed ...

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 ... ... qualification of the debtor's financing as compensatory, and therefore such a claim should have been subordinated in the register. The Supreme Court of the Russian Federation canceled the decisions of the court of appeal and the district court and upheld the act ...

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 ... ... by the first instance, but the court of appeal and the district court cancelled the order. Having considered the issue, the Supreme Court of the Russian Federation supported the position of the court of first instance. There was a dispute between the ...

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