Subject of Dispute: Recognition of Monetary Claims of the Creditor (LLC “Farsi”) in the Bankruptcy Case of LLC “Refill”.
Main Arguments of the Court:
1. The court established that when determining the status of creditor claims, the moment of claim origin should be taken into account, not the term of its execution.
2. Regarding the assignment of claim rights agreements, the court concluded that the courts of previous instances incorrectly determined the legal status of claims, proceeding only from the term of obligations fulfillment.
3. In terms of compensation for electricity expenses, the court drew attention to the discrepancy in amounts in payment orders and invoices, as well as the absence of documents confirming the right to use the gas station.
Court Decision: The Supreme Court partially satisfied the cassation appeal of LLC “Farsi”, canceling the decisions of previous instances regarding claims under assignment of claim rights agreements and sending the case for a new review, and in the part of claims for electricity – leaving the previous court decisions unchanged.
