The Supreme Court supported the position of the YUKO company lawyers and excluded claims of the affiliated creditors from the register of creditors’ claims
The debtor, his business partner and one of the group companies vouched for the payment of a large shipment. The latter two then paid part of the obligations and filed a subrogation claim in the Debtor’s bankruptcy.
Lawyers of the law company YUKO represented the creditor-claimer objecting to the application of the affiliated creditor throughout the dispute. The courts of three instances included into the register the claim of an individual, and also partially of a legal entity, in the opinion of the lower courts, the actual affiliation was not a basis for lowering the priority of satisfying the claim due to signs of compensatory financing.
The Judicial Chamber on Economic Disputes of the Supreme Court considered the arguments of the complaint, canceled the decisions of lower instances and sent a separate dispute for a new consideration.
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