On 31/03/2023 shared with the readers of the “Advocates Gazette” her view of the bankruptcy case, in which the Supreme Court of Russia rebutted the positions of the lower instances and directed the case to a new hearing. In the Judgment № 307-ЭС22-15103 оf 23/03/2023 on the case № А56-104043/2019 the panel of judges pointed out that, in course of prior hearing of the case, such circumstances as factual affiliation of the guarantor and the pledge were not properly evaluated, which led to a judicial error.
“There are grounds to believe that the new position of the Supreme Court will help to challenge claims of the so-called “friendly” creditors more efficiently, prevent inclusion of “artificial” claims into the registrar of creditors, as well as protect the integrity of jurisprudence on similar matters”, – says the head of the L&P Bankruptcy & Subsidiary Liability practice group Tatiana Tsepkina.
