We successfully represented the bankruptcy trustee and the company in a dispute over the recognition of an alleged claim of EUR 6.3 million in bankruptcy proceedings. The claim was based on alleged sales, assignment, and factoring agreements, but only one original was presented to the court. Copies of other documents required were also deficient.
The claim was dismissed at both Harju County Court and Tallinn Circuit Court.
Not every document issued by a debtor is a debt acknowledgement
The dispute centred on the nature of the debt acknowledgement. The claimant argued that the restructuring notice, restructuring plan, signed invoices, and annual report should be considered as acknowledgements of debt.
The Circuit Court held that none of these documents demonstrated a clear intention by the parties to enter into a binding agreement or to waive their right to dispute the claim, both of which are essential elements of a valid debt acknowledgement.
In case of suspicion of forged documents, the burden of proof lies with the party presenting the documents
The court reaffirmed the principle that where there is a justified suspicion regarding the authenticity of a document, the party presenting it must prove its authenticity.
In our client’s case, the transport documents did not comply with the underlying contract or with the requirements of the Convention on the Contract for the International Carriage of Goods by Road (CMR). Irregularities in invoice formatting, stamps and signatures raised further doubts. As the claimant failed to provide original documents despite the court’s invitation to do so, the court found that the authenticity of the evidence had not been proven.
The court decision has not yet entered into force, and the Supreme Court has yet to determine whether it will accept the claimant’s appeal for review.
Our services and client team
We advised the client during the legal dispute, providing support in developing a strategy, gathering evidence and conducting negotiations.
The client was represented at all stages of the dispute and at all court levels by our partner Carri Ginter, counsel and head of the Insolvency & Restructuring practice Mari Agarmaa-Jentson, and senior associate Liisa-Maria Puur.
