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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 creditor's claim to have the debt owed to him included in the register of creditors’ claims, despite the applicant's objections....

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 affiliated with the debtor were included in the register of creditors’ claims. The applicants considered that the debt should ...

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

... 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 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 register of creditors’ claims, filed by one of the creditors, were subordinated by the first instance, but the court of appeal ...

DISTRICT COURT PUT AN END TO THE CASE ON SUBORTINATION OF CREDITORS’ CLAIMS

... order to pay off the debt to him after all other declared creditors. At the same time, the cassation instance indicated a number of theses that were not taken into account by the appeal. First of all, the board recalled that only the fact that the debtor and the creditor were affiliated could not serve as a basis for subordination of the claims of the latter. As for the issuance of a loan to the debtor by an affiliated person, in order to subordinate the claims of the latter, it is necessary to ...

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