The procedure for reimbursement of legal expenses incurred by defendants in separate disputes in a bankruptcy case and recognized as subject to reimbursement at the expense of the debtor

Pending the introduction of changes in legislative regulation arising from the said Resolution, the provisions of paragraphs 1 and 2 of Article 5 and paragraph 3 of Article 137 of the Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)” are applied in the following order:

• legal expenses of the defendants for a claim made in a bankruptcy case of a legal entity to recognize the debtor’s transaction as invalid, the satisfaction of which was refused, if such defendants are not persons controlling the debtor, in the case of imposing these expenses on the debtor, relate to current payments and are subject to reimbursement as part of the fifth queues of current payments in accordance with paragraph 2 of Article 134 of the Bankruptcy Law;
• Such a decision on the order of reimbursement of legal expenses is not excluded when the arbitration court considers issues related to the compensation of the person controlling the debtor for legal expenses incurred when considering a claim to bring him to liability as provided for in the Bankruptcy Law or a claim to recognize the transaction of the debtor with the person controlling the debtor as invalid , the satisfaction of which was refused, provided that the application of such a priority for satisfying claims for these expenses is justified by specific factual circumstances of the case (in particular, relating to the characteristics of the controlling debtor of the person, including characterizing the degree of his corporate control; the amount and circumstances of occurrence of the claims for compensation expenses; the presence or absence of independent creditors in the bankruptcy case, etc.) and does not entail a violation of the balance of rights and legitimate interests of all persons participating in the bankruptcy case; In any case, such a decision on the order of reimbursement of legal expenses must be made when compensating legal expenses to a person whose claim to bring him to civil liability as a controlling debtor of the person was refused due to the absence of the relevant characteristics in this person, established by the arbitration court.

of Rosreestr dated March 22, 2024 N 07-01211/24

source: Consultant Plus