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Supreme Court: claims of the creditor cannot be subordinated on the basis of the control over the debtor-individual

Supreme Court: claims of the creditor cannot be subordinated on the basis of the control over the debtor-individual

Supreme Court reiterated that the provisions of the Survey of the RF Armed Forces of January 29, 2020 on the subordination of claims are not applied in bankruptcy cases of individuals.

Attorney, partner of the law firm Tenzor Consulting Group Anton Makeichuk noted in an expert opinion for Advokatskaya Gazeta that The Supreme Court still does not provide law enforcement practice with an answer to two important questions: whether there will be similar or similar convenience mechanisms for combating controlled bankruptcy of individuals and whether it is possible to subordinate a restitution claim, which is filed by an affiliated person, but in the interests of its bankruptcy estate and independent creditors.

Details are available here.

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