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Yulia Shilova | A commentary for Advokatskaya Gazeta: ВС: The bankruptcy creditor has the right to appeal against the debtor's waiver of claim for debt collection on the eve of bankruptcy

The court held that such an action could be challenged under the bankruptcy rules, subject to the procedural form involving a challenge to the transaction through an appeal of the judicial act by which the transaction was approved. 

Yulia Shilova, an advocate of the Restructuring and Bankruptcy Practice of ART DE LEX law firm, agrees that a waiver of recovery may have a negative impact on the bankruptcy estate and, consequently, on the property rights of creditors, as a result of which the creditors may be deprived of due compensation. The expert adds that a creditor's right to appeal is determined by the resulting adverse effects on the bankruptcy estate, and hence it can be challenged under bankruptcy rules. «As a result of waiver of the claim creditors may not have received due satisfaction. Moreover,  this can open the way for asset stripping, since a consequence of waiver of the claim is the inadmissibility of a repeated appeal to court on a dispute between the same persons, about the same subject and on the same grounds», notes Yulia Shilova.

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