Artur Zurabyan | comments for “The Lawyers Newspaper”: The Supreme Court clarifies the nuances of return by the creditor of a payment received under a contested deal to the bankruptcy estate

The Court explained that in case of assignment of a restitution claim resulting from invalidation of a deal, the respondent creditor is objectively unable to return the received asset to the bankruptcy estate.

Artur Zurabyan noted that the Supreme Court pays a lot of attention to the signs of potential abuse of the right by the debtor’s bankruptcy trustee in a situation of assignment of the right of claim to a more than a solvent counterparty to an individual entrepreneur who has already acquired other rights of claim under this procedure. “Thus, it is not unlikely that apart from a new consideration of an isolated dispute for inclusion in the register of a restored claim, this judicial act will be also used for challenging actions of the debtor’s bankruptcy trustee”, he supposed.

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