THE COURTS FORGOT TO CONSIDER PART OF THE BANKRUPTCY CLAIMS – THE SUPREME COURT WILL CORRECT

In the framework of the bankruptcy case (no. A40-129950/15), the manager appealed to the court with an application to challenge transactions-orders for salary increases to the general director and the head of the security service.

Following the results of the initial and new review, the courts satisfied the application, recognizing the transactions as invalid and collecting the amount of overpaid wages from the defendants in the bankruptcy estate.

The bankruptcy trustee did not agree with the judicial acts and filed a complaint with the Supreme Court of the Russian Federation. In his complaint, he pointed out that the courts, having applied the consequences of the invalidity of transactions in the form of recovery of funds from the defendants, forgot to consider the claim for recovery of overpaid funds for a certain period.

The Supreme Court took into account the arguments of the complaint, noting that the courts in this case incorrectly applied the provisions of Article 61.6 of the Bankruptcy Law and referred the complaint to the judicial board. The meeting is scheduled for December 19, 2022.

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