As part of a complex bankruptcy case of a major entrepreneur, ongoing since 2019, the first-instance commercial court included a claim by a law firm in the creditors’ claims register for over 274 million rubles. In addition, the court recognized this debt as a joint debt of the former spouses.
At the appellate stage, lawyers from KIAP, Attorneys at Law, convinced the court that the creditor had missed the statute of limitations period, which begins to run from the initiation of the first bankruptcy proceedings. The appeal court also agreed that the debt could not be recognized as a joint obligation of the ex-spouses, and that the fact the creditor rendered services in the amount claimed was not properly substantiated.
This ruling clarifies the relationship between the statute of limitations and the deadlines for submitting claims. If the cassation court upholds the appeal court’s conclusions, it will significantly influence judicial practice regarding the recognition of debts as joint obligations, an area currently still evolving.