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THE DEBTOR'S TAX OBLIGATIONS ARE PAID BY SELLING THE COLLATERAL AFTER THE CREDITOR RECEIVES THE BENEFIT

... the sale of the debtor's mortgaged property, taxes on such assets are repaid from the moment the mortgaged creditor began to benefit from its status. This can happen both at the very beginning of the bankruptcy case and at the observation stage, the Supreme Court determined. Such approaches were described by the judicial board for Economic Disputes of the Supreme Court of the Russian Federation in the framework of the bankruptcy case of Barnaul Scientific and Production Enterprise Binaka Soybean ...

IF THE HEAD OF A COMPANY EXCLUDED FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES IS BANKRUPT, THE SUBSIDY WILL BE CONSIDERED IN HIS CASE

... the entry into force of clause 3.1 of Article 3 of the Law on LLC. The courts also pointed out that the creditor had the opportunity to control the decisions taken by the tax service, but did not dispute the entry of the exclusion of the company. The Supreme Court referred the creditor's complaint to the board, noting that the circumstances established by the courts are sufficient to qualify the legal relationship under clause 3.1 of Article 3 of the Law on LLC and to hold the debtor vicariously liable ...

YOU CANNOT SELL A CLAIM FOR THE RECOVERY OF A SUBSIDY AND REMAIN A CREDITOR

... legal nature, which, in turn, makes it possible to file claims against the debtor on each of the grounds. Based on this, the courts concluded that the bank's claims from the guarantee agreements are justified and should be included in the register. The Supreme Court referred the complaints of the debtor's manager and creditors to the board for consideration, reflecting in its ruling the argument that the obligations of the guarantor from the guarantee and subsidiary liability are solidary. Thus, after ...

THE APPROACH TO DETERMINING THE MOMENT OF BANK INSOLVENCY SHOULD BE UNIFORM

... commission of the disputed transaction within the framework of the ordinary business activities of the credit institution. In addition, the courts noted the absence of evidence in the case file of the defendants' interest in relation to the debtor. The Supreme Court of the Russian Federation sent the dispute for reconsideration, noting the following: The courts did not take into account the manager's reference to the fact that at the time of the transaction (11/29/2013), the credit institution already ...

IF THE DEBTOR PROVIDED APARTMENTS TO HIS EMPLOYEES, THEN THIS IS A COMMON BUSINESS ACTIVITY

... about the contested transaction in the ordinary course of business, with reference to the fact that the barter agreement does not correspond to the concept of a continuing obligation and cannot be attributed to the ordinary business of the debtor. The Supreme Court referred the defendants' complaint to the board for consideration and noted the following arguments of the applicants: One of the defendants pointed out that he had been an employee of the debtor since 12/19/2006, and the disputed barter ...

THE UNRELIABILITY OF THE BANK'S BALANCE SHEET PRECLUDES THE REFUSAL TO CHALLENGE THE TRANSACTION IN THE ORDINARY COURSE OF BUSINESS

... card file for a correspondent subaccount at the date of the transaction in a bank branch, as well as in connection with the commission of the disputed transaction within the framework of the ordinary business activities of a credit institution. The Supreme Court of the Russian Federation referred the complaint of the manager to the board for consideration and pointed out the following: • The defendants, with the help of related persons, during the period of the bank's insolvency, through intrabank ...

AFTER THE SALE OF THE BANKRUPT'S CAR, THE DEBTOR IS NOT RESPONSIBLE FOR PAYING THE TRANSPORT TAX

... registered with the traffic police for the defendant, in connection with which he is a payer of transport tax. There is no evidence indicating that the administrative plaintiff has taken measures to remove the vehicle from the registration register. The Supreme Court sent the case for a new hearing (SCAD Ruling of the Supreme Court of the Russian Federation dated 02/29/2024 No. 80-KAD23-8-K6) and drew attention to the following: • The court has completed the procedure for the sale of the debtor's (defendant's) ...

IF THE SPOUSE PARTICIPATED IN THE WITHDRAWAL OF THE DEBTOR'S ASSETS, HE IS ALSO RESPONSIBLE FOR THE INVALID TRANSACTION

... invalidity in the form of recovery from the defendant, as the acquirer of the debtor's property, the value of the car, the courts did not see any grounds for applying the consequences of the invalidity of the transaction in relation to the spouse. The Supreme Court referred the complaint of the manager to the board for consideration and stressed that as a result of the commission by the debtor's ex-wife of a gratuitous transaction for the alienation of jointly acquired property in favor of the interested ...

IF THE HEAD OF THE DEBTOR TRIES TO COLLECT DOCUMENTS, LOSSES FOR THEIR NON-TRANSFER CANNOT BE RECOVERED

... actions (inaction) of the defendant for failure to ensure the safety of accounting documents, non-transfer of property to the bankruptcy estate and losses on the debtor's side in the amount of reserves reflected in the debtor's balance sheet for 2018. The Supreme Court referred the defendant's complaint to the board for consideration and noted the following: The applicant indicates that the enforcement proceedings for the demand for documentation have not been completed, have not been terminated, and the ...

THE TRANSFER OF THE RIGHTS AND OBLIGATIONS OF THE DEVELOPER CANNOT BE TO THE DETRIMENT OF THE SHAREHOLDERS

... transfer residential premises to a citizen did not pass to the debtor, the terms of the settlement agreement do not apply to the citizen, since his claims on the date of the creditors' meeting are not included in the register of creditors' claims. The Supreme Court referred the citizen's complaint to the board for consideration and pointed out that the developer and subsequently the debtor, to whom the obligations of the first one passed, had not transferred the apartment to the shareholder, which ...

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