Supreme Court: bankruptcy arguments on enforcement of a court decision giving a creditor’s claims cannot be ignored
As the Supreme Court explained, a different approach entails the inclusion in the register of an already fulfilled obligation and thereby violates the rights of both the debtor and his creditors.
Venera Plieva, a lawyer at Tenzor Consulting Group, believes that the Supreme Court set out an important position for the further formation of judicial practice, in which it found a compromise between the need to comply with the principle of generally binding judicial acts and the inadmissibility of including unreasonable claims in the register of creditors’ claims. “During the consideration of this case, the courts faced the question of how to qualify the change in the legal relations of the parties, which entailed the invalidity of the claim: as a circumstance entailing a revision of the composition and size of these claims, or as a way of fulfilling the obligation. Resolution of this issue will determine the scope of powers of the court that makes the decision to include the creditor’s claims in the register of creditors’ claims of the debtor, confirmed by the court decision on the previously considered case, which has entered into legal force, “she said in a commentary for the Advokatskaya gazeta.
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