Subject of Dispute: Recovery of Thermal Energy Debt from an Individual by “NizhynTeploMezhi” Company.
Main Arguments of the Court: The Supreme Court supported the appellate court’s position that since “NizhynTeploMezhi” company is in bankruptcy proceedings, all property disputes involving it must be considered by the commercial court within the bankruptcy case. The court referred to the practice of the Grand Chamber of the Supreme Court, which established that if the satisfaction of a claim may result in a change in the size or composition of the debtor’s liquidation estate, such a case is subject to consideration within the bankruptcy case.
Court Decision: The cassation appeal of “NizhynTeploMezhi” company was left unsatisfied, and the appellate court’s ruling on closing the proceedings and transferring the case to the commercial court was left unchanged.
