The article substantiates the erroneous nature of the approach that allows the application of special evidentiary rules not provided for by procedural legislation when considering separate disputes within insolvency (bankruptcy) cases complicated by informational asymmetry. It is argued that the balance of the parties’ evidentiary capacities, when they have unequal access to sources of evidentiary material, should be ensured by recognizing independent evidentiary value in the passive procedural conduct of the party situated in a position of informational advantage.