Law is forbidden set-off in an insolvency case, but Supreme Court indicated in himself legal position how may avoid law. What opportunity is opened for creditors.
In 2018 year, Supreme Court of the Russian Federation heard three case and allowed for parties of contract set-off in an insolvency case. This legal position Supreme Court based on balance of counterclaims.
The article analyzes in detail the essence of the institution of the balance of counterclaims. The factual side of the cases considered by the Supreme Court and its legal position are investigated. The practical value of the article in the proposed recommendations on how you can use the institute balance of counterclaims to set-off counterclaims.
Read more about the possibility established by the Supreme Court to stop counter-obligations by setting off with a person who has insolvency status, read the full version of the document.
Author: Konovalov Evgeniy, junior associate in the dispute resolution practice of the Law Firm INTEGRITES.
The article was published in the journal “Arbitration Practice for lawyers” №11. November 2018. (paid material).