The ProБанкротство portal has compiled its Top 5 bankruptcy cases, among which is a dispute considered by the Supreme Court of the Russian Federation regarding the inclusion of moratorium interest as part of subsidiary liability (No. А40-244390/2019).
Managing Partner of VLawyers, Natalia Dvenadtsatova, welcomed the clarity provided by the Supreme Court of the Russian Federation on the issue of whether moratorium interest can be included in the amount of subsidiary liability.
"Until recently, judicial practice, while almost unanimously recognizing the compensatory nature of moratorium interest, proceeded from the premise that they are not subject to inclusion in the amount of subsidiary liability,"
- Natalia noted.
According to Natalia, excluding moratorium interest from the amount of subsidiary liability unjustifiably restricts the creditors' right to receive the fullest possible compensation for their losses, while simultaneously incentivizing the misconduct of controlling persons.
The full version of the commentary is available on the ProБанкротство website.