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 DISPUTE OVER THE INVALIDITY OF THE TRANSACTION DOES NOT PREVENT YOU FROM APPEALING THE COURT'S DECISION
The defendant's creditor appealed to the Court of Appeal for the cancellation of the court's decision, according to which the debt under lease agreements was collected from the latter in favor of the plaintiff.
The position of the Court of Appeal
The appeal suspended the proceedings on the complaint until the end of the consideration of the case on invalidation of the transaction.
The Court pointed out that in the present dispute, a claim was made for the recovery of the principal debt under lease agreements. At the same time, the court accepted the statement of the defendant's manager on the recognition of lease agreements as invalid. Noting that there is a risk of conflicting judicial acts, the appeal suspended the proceedings.
The Court of Cassation overturned the appeal ruling (Decision of the Arbitration Court of the Far Eastern District dated December 01, 2023 in case No. A73-20937/19) and sent the case for reconsideration, arguing its position as follows:
"Considering that the claims made in the framework of the bankruptcy case do not entail the objective impossibility of considering the dispute in this case, and they do not create obstacles to its resolution, the definition is subject to cancellation, as adopted in violation of the norms of procedural law."
The position of the Court of Appeal
The appeal suspended the proceedings on the complaint until the end of the consideration of the case on invalidation of the transaction.The Court pointed out that in the present dispute, a claim was made for the recovery of the principal debt under lease agreements. At the same time, the court accepted the statement of the defendant's manager on the recognition of lease agreements as invalid. Noting that there is a risk of conflicting judicial acts, the appeal suspended the proceedings.
The position of the District Court
The Court of Cassation overturned the appeal ruling (Decision of the Arbitration Court of the Far Eastern District dated December 01, 2023 in case No. A73-20937/19) and sent the case for reconsideration, arguing its position as follows:
"Considering that the claims made in the framework of the bankruptcy case do not entail the objective impossibility of considering the dispute in this case, and they do not create obstacles to its resolution, the definition is subject to cancellation, as adopted in violation of the norms of procedural law."
05.12.2023
