On 15/12/2023, Tatiana Tsepkina made a comment for the Advocate Newspaper in the article “The Supreme Court explained the application of indexing in relation to amounts recovered from the debtor in bankruptcy proceedings”, where she shared her vision of the application of the institute of indexing of judicially awarded sums of money.
Commenting on his speech in the main publication of the Russian law community, Tatiana Tsepkina, head of the L&P Insolvency and Bankruptcy practice, notes: “The Supreme Court once again recalled the nature of indexation as a legal institution that allows reducing the losses of the claimant from debt depreciation in conditions of inflationary processes and explained the specifics of its implementation in insolvency cases the debtor.”
The extensive judicial practice of L&P attorneys allows us to conclude that the institution of indexing awarded sums of money in the arbitration process is currently used quite often and, as jurisprudence shows, encourages the debtor to comply. However, the use of this mechanism in bankruptcy proceedings has significant specifics compared to lawsuits. Thus, indexation in the procedures used in bankruptcy is replaced exclusively by moratorium interest and is accrued only until the day of the introduction of the first procedure in the debtor’s bankruptcy case, which is confirmed by the judicial practice under consideration.