The ProБанкротство portal has gathered opinions from the expert community on the issue of whether affiliated creditors have the right to satisfy their claims at the expense of controlling persons.
In the article, experts analyze the position of the Arbitration Court of the North-Western District, which sent a separate dispute on determining the amount of subsidiary liability for a new review, due to the fact that the courts had not fully assessed the degree of participation of each controlling person in driving the debtor to bankruptcy, and the claims of affiliated creditors included in the register were incorporated into the amount of subsidiary liability (No. А56-117039/2017).
Managing Partner of VLawyers, Natalia Dvenadtsatova, emphasized in her commentary that
"clause 11 of Article 61.11 of the Bankruptcy Law provides for the complete and unconditional exclusion of claims of all affiliated creditors from the amount of subsidiary liability, without the need to establish the fact of subordination of these creditors' claims or to investigate the issue of these creditors' involvement in driving the debtor to bankruptcy."
The full version of the commentary is available on the ProБанкротство website.