A bankruptcy creditor who participated in a creditors meeting and deliberately abstained from voting does not subsequently have the right to invoke its invalidity
September 06, 2019

Thus, in a bankruptcy case, a bankruptcy creditor, with twenty percent of the votes from the register of creditors' claims, deliberately abstained from voting on issues on the meeting of creditors. Further, the aforementioned creditor submitted an application to the arbitration court for invalidation of the decision of the meeting of creditors.

The arbitration court refused to satisfy the application of the bankruptcy creditor on the recognition of the decision of the creditors meeting as invalid. The court's decision is motivated by the fact that the systemic interpretation of the provisions of paragraph 4 of Article 15 of the Bankruptcy Law, and paragraph 5 of Article 166 of the Civil Code of the Russian Federation implies that a creditor who is present at a meeting of creditors and abstained from voting on agenda items is not entitled to subsequently invoke its invalidity. This rule cannot be applied only if there are violations that influenced the formation of the creditor's will during the voting (for example, making a decision under the influence of violence, threat, deception, intentional silence about the circumstances that the person had to report with the good faith that was required of him) . In this case, there was no pressure or threat on the bankruptcy creditor; the bankruptcy creditor was informed about the materials for the meeting of creditors in advance, which is noted in the review journal for the meeting of creditors.

Thus, the bankruptcy creditor, deliberately abstained from voting on the agenda of the meeting of creditors and tried to recognize the decision of the meeting of creditors as invalid, which he failed to do.

Vyacheslav Kolaev
+7 (499) 490-47-42

117418, Moscow, st. Novocheremushkinskaya, 69