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The Supreme Court clarified the nuances of the creditor’s return of the payment received by the contested transaction to the bankruptcy estate

The Supreme Court clarified the nuances of the creditor’s return of the payment received by the contested transaction to the bankruptcy estate

As the Court explained, when assigning a restorative claim that arose in connection with the recognition of the transaction as invalid, the Respondent creditor objectively does not have the opportunity to return what was received to the bankruptcy estate.

The essence of the dispute is whether the conclusion by the bankruptcy trustee of the debtor of the contract of assignment of the restitution claim is a sufficient basis for the recognition of the restored claim against the debtor as justified.

As noted by the lawyer, partner of the law firm Tenzor Consulting Group Anton Makeychuk, the ruling of the Supreme Court of the Russian Federation actually relieves the creditor of the obligation to return what was received under an invalid transaction when included in the register, if the debtor has assigned a restitution claim.

According to the expert, such a position gives rise to a number of possible abuse of law by an unscrupulous creditor, who will wait for the liquidator to fulfill the restitution claim by concluding an assignment agreement and then declare a request for inclusion in the register.

The material of the Advokatskaya Gazeta is fully available here.

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