The ProБанкротство portal has published expert comments on the position of the Arbitration Court of the North-Western District, which sent a separate dispute on the inclusion of a creditor's claims in the register for a new review, because the lower courts ignored arguments about the creation of artificial debt and fictitious document flow (Case No. А66-14791/2022).
VLawyers Advisor Ksenia Sidorenko noted:
"Both at the legislative level and in law enforcement practice, a uniform approach to assessing the validity of creditors' claims has developed: courts must verify creditors' claims not only for compliance with the formal attributes of the submitted documents, but also evaluate the arguments of other persons participating in the bankruptcy case, and the evidence they present, including indirect evidence, indicating (1) the affiliation of creditors, (2) the invalidity of the transactions on which the creditors' claims are based, (3) the lack of actual performance under the transactions, (4) the fictitious nature of the document flow, etc."
The full version of the commentary is available on the ProБанкротство website.