If a creditor assigns its claim to the debtor, the new creditor is obliged to pay all costs of the bankruptcy case

Determination of 22.08.2023 in case A32-16489/2018 (308-ES23-7985)

Case background:

The Company applied to the court for procedural succession of the creditor-applicant in the Debtor’s bankruptcy case.

Positions of the courts:

The courts of three instances granted the application.

The court of first instance proceeded from the validity of the assignment agreement, the succession in the material legal relationship and the fact that the Debtor had insufficient funds to repay the expenses of the bankruptcy case had not been confirmed.

Since the bankruptcy proceedings against the Debtor had been extended and the trustee in insolvency had the right to claim that his claims should be taken into account in determining the amount of subsidiary liability of the person involved, the courts considered the violation of his right as a creditor for current payments to be unproven.

The position of the Supreme Court:

The person who has acquired the claimant’s claims is also transferred to the person who has acquired the claimant’s claims the obligations related to the claimant’s status in a bankruptcy case, including those provided for in Article 59 of the ZOB.

Along with the rights of a creditor in a bankruptcy case, the obligations of the claimant to pay court expenses for bankruptcy proceedings, expenses for remuneration of arbitration managers in a bankruptcy case and payment for the services of persons engaged by arbitration managers to ensure the performance of their activities are also transferred to the assignee.

Since in the case in question the transfer of debt within the meaning of Articles 392.3 and 391 of the Civil Code was cumulative, if the Debtor’s property is insufficient, the Appellant is entitled to claim repayment of the remuneration due to it and compensation for the expenses of the bankruptcy proceedings incurred before the creditor was replaced.

The judicial acts were upheld and the complaint was dismissed.