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Successful case in cassation of subordination of the claim of an affiliated creditor

4 марта 2020
1197

Nadmitov, Ivanov and Partners successfully represented the interests of the bankruptcy administrator of the debtor in the litigation in the Arbitrazh Court of the Moscow District in the case of including claims in the register of creditors in the case of recognizing Plemzavod Rodniki OJSC insolvent (bankrupt) - subordination of the claim of an affiliated creditor ... The courts of the first instance and the appellate instance refused to satisfy the creditor's claims, accepting the arguments of the bankruptcy commissioner of the debtor about the corporate nature of the claim. The court of cassation confirmed the conclusions of the first instance court on the corporate nature of the claim, while pointing out the error of the courts regarding the refusal to include the “overdue” debt in the register of creditors 'claims, since such a claim must be satisfied after the creditors' claims specified in paragraph 4 of Art. 142 of the Federal Law "On Insolvency (Bankruptcy)". Thus, the cassation court canceled the judicial acts of the lower instances in part, adopting a new judicial act, which supported the position of the bankruptcy trustee of the debtor. Disputes related to the subordination of claims of affiliated creditors are quite complex, since they include a detailed analysis of economic, corporate and civil law relations that developed during the period of dispute between the debtor and the defendant.

Nadmitov, Ivanov and Partners Law Firm regularly represents clients in bankruptcy cases, including disputes related to challenging debtor transactions, including claims and challenging the inclusion of claims in the register of creditors, subordination of claims of affiliated creditors, controlling persons to subsidiary liability.



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