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THE SUPREME COURT RESTRICTED THE SOLE CREDITOR IN THE RIGHT TO DOUBLE RECOVERY FROM THE BENEFICIARY

In the framework of the bankruptcy case (no. A57-12609/17), the sole creditor applied for bringing the debtor's beneficiary to subsidiary liability. The courts of three instances satisfied the claim ... ... the fact that the defendant had already been held liable in the form of recovery of damages in favor of the creditor. The Supreme Court of the Russian Federation did not share this approach, noting that the recovery of additional compensation from ...

CREDITORS WILL BE ABLE TO DECIDE THE FATE OF THE PARTIALLY PAID FOR BANKRUPT GOODS

... the mere inclusion of a creditor's claim in the register does not provide any guarantees of its subsequent satisfaction, and therefore it is necessary to establish a balance of interests of the creditor and the debtor. Such a balance, according to the Supreme Court, can be ensured by granting the creditor the right to an alternative choice between two options: keeping the property or transferring it to the debtor's bankruptcy estate with the establishment of a collateral status. Despite the fact that the text of the judicial act does not directly say this, we are talking about collateral legal relations in relation to both situations. In the first case, the creditor ...

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