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THE SUPREME COURT ASSESSED THE DISCOUNT IN THE SETTLEMENT AGREEMENT, TAKING INTO ACCOUNT THE BANKRUPTCY OF ONE OF THE PARTIES

... agreement can take place only after the fullest possible study of the impact of such an agreement on the debtor's solvency and its assessment for the presence of harm to creditors, since in the framework of a new dispute review, the conclusion of the same settlement agreement will be a priori impossible due to the initiation of bankruptcy proceedings against one of the parties. Thus, the Supreme Court once again stressed that disputes on the recovery of damages, in comparison with other types of litigation, have the least predictable prospects, which is why only a discount at the conclusion of a settlement agreement cannot indicate an ...

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