The insolvency practitioner is denied an appeal
February 28, 2020

The employees of the Law Office "Zashchita" have won a court case where the debt in the amount of 15,000,000 (fifteen million) rubles is awarded to LLC "Alpha" from LLC "Omega" under EPC contracts. Since at the time of the decision regarding the Respondent a bankruptcy procedure was introduced - observation, the court has included the claim of LLC "Alpha" in the third turn of the register of creditors' claims.

In accordance with a paragraph #24 of the Resolution of the Plenum of the Supreme Commercial Court dated June 22, 2012 No. 35, if bankruptcy creditors believe that their rights and legitimate interests are violated by a judicial act on which the stated claim in the bankruptcy case is based (in particular, if they consider it is unreasonable because of the inaccuracy of the evidence or the nullity of the contract), on this basis they, as well as the insolvency practitioner, have the right to appeal the specified judicial act in the general procedure established by the legislation, in this case, if they are missed the term to make an appeal, the court may recover it, taking into account the time when the person who submits an appeal knew or should have known about the violation of his or her rights and legitimate interests.

The insolvency practitioner, in accordance with a paragraph #24 of the Resolution of the Supreme Arbitration Court of the Supreme Court of June 22, 2012 No. 35, filed an appeal against the decision to collect from LLC "Omega" the debt in the amount of 15,000,000 (fifteen million) rubles under EPC contracts.

Thanks to the work of the employees of the Law Office "Zashchita", on the basis of the reasoned recall provided in the case file, the insolvency practitioner has been denied an appeal; The decision to recover 15,000,000 rubles from the debtor is upheld.

Rizvan Fazdalov
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