1. Subject of the dispute – recognition of monetary claims of the creditor against the debtor in the bankruptcy case.
2. The Supreme Court overturned the decisions of the previous instances, as they did not fully clarify the circumstances of the case, in particular, did not investigate the financial ability of the creditor to provide a loan to the debtor and the sources of funds, and also did not properly assess the arguments of the debtor’s property manager regarding the doubtful nature of the debt. The court noted that in bankruptcy cases, where there are doubts about the reality of the creditor’s claims, it is necessary to apply a higher standard of proof, carefully checking all circumstances and evidence, even if there is a court decision on debt collection. The court emphasized that a court decision on debt collection is not binding on the court in a bankruptcy case, especially when other creditors did not participate in the debt collection case and have objections to these claims. The judges emphasized that the courts must ensure a balance between protecting the interests of creditors and preventing abuses in the bankruptcy procedure. The Court referred to its previous practice, which stated that court decisions in favor of certain creditors against the debtor are not binding on other creditors or the court in the bankruptcy case, and that the court may reject claims, even those confirmed by a court decision.
3. The court overturned the decisions of previous instances and sent the case for a new trial to the court of first instance regarding the review of the creditor’s monetary claims against the debtor.
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