RusBankrot
We know everything about bankruptcy
14/05/2024
Tuesday
THIS DAY IN HISTORY:
14 May 
1970 The creation of the CIS Economic Union.
1970 The creation of the CIS Economic Union.
1970 The establishment of the state of Israel and declaration of its independence.
1970 The establishment of the state of Israel and declaration of its independence.
1970 The sale of serfs at the public auctions was prohibited in Russia.
1970 The sale of serfs at the public auctions was prohibited in Russia.
14 May
1970 The creation of the CIS Economic Union.
1970 The creation of the CIS Economic Union.
1970 The establishment of the state of Israel and declaration of its independence.
1970 The establishment of the state of Israel and declaration of its independence.
1970 The sale of serfs at the public auctions was prohibited in Russia.
1970 The sale of serfs at the public auctions was prohibited in Russia.
THE SUPREME COURT CLARIFIES THE RIGHTS OF CALCULATING THE DEADLINES FOR FILING A BANKRUPTCY APPLICATION
The company applied to the court for bankruptcy of the debtor (case no. A45-28979/22). The application was accepted for production by the courts of three instances and a bankruptcy case was initiated.
A number of creditors of the debtor did not agree with the position of the courts, pointing out that the company applied to the court before the expiration of the 15-day period from the date of publication of the intention to file for bankruptcy.
The Supreme Court of the Russian Federation canceled the acts of lower courts, recognizing that 15 calendar days had not passed since the publication of the intention (October 2, 2022) until the filing of the bankruptcy application itself (October 17, 2022).
The court also pointed out that the unjustified initiation of the debtor's bankruptcy case at the request of the company led to a violation of the rights and legitimate interests of other creditors who filed applications for declaring the debtor bankrupt in compliance with the established procedure.
It is noteworthy in this case that the lower courts described their position in great detail, according to which the company still complied with the procedure for applying to the court for bankruptcy. However, the Supreme Court did not provide an equally detailed calculation methodology in its definition.
A number of creditors of the debtor did not agree with the position of the courts, pointing out that the company applied to the court before the expiration of the 15-day period from the date of publication of the intention to file for bankruptcy.
The Supreme Court of the Russian Federation canceled the acts of lower courts, recognizing that 15 calendar days had not passed since the publication of the intention (October 2, 2022) until the filing of the bankruptcy application itself (October 17, 2022).
The court also pointed out that the unjustified initiation of the debtor's bankruptcy case at the request of the company led to a violation of the rights and legitimate interests of other creditors who filed applications for declaring the debtor bankrupt in compliance with the established procedure.
It is noteworthy in this case that the lower courts described their position in great detail, according to which the company still complied with the procedure for applying to the court for bankruptcy. However, the Supreme Court did not provide an equally detailed calculation methodology in its definition.
29.05.2023
