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THE REFUSAL TO COLLECT THE ADVANCE PAYMENT MUST BE JUSTIFIED

... satisfy the application, the courts proceeded from the fact that the company's claims against the debtor had already been the subject of consideration in the framework of the claim proceedings, and their satisfaction was refused. The position of the Supreme Court The Supreme Court annulled the judicial acts of the appellate and cassation instances and sent the dispute for new consideration to the appeal (Ruling of the Supreme Court of 31.01.2024 in case No. A 73-6893/202 1 (No. 303-ES23-17584)). ...

THE COLLATERAL CREDITOR IS ENTITLED TO COMPENSATION

... satisfaction of such claims, which is unacceptable due to current legislation. The courts also noted that the creditor does not have enough rights to claim the distribution of part of the proceeds from the sale of premises by the fund. The position of the Supreme Court Disagreeing with the position of the lower courts, the creditor appealed to the highest instance. The Supreme Court overturned judicial acts of lower instances regarding the refusal to satisfy the creditor's claim for compensation. A separate ...

THE SPECIFICS OF THE SUBORDINATION OF RESTORATIVE CLAIMS

... declared amount. The higher courts subordinated the claim, based on the unfair behavior of the creditor when making payments in favor of the debtor, applying to him a measure of responsibility in the form of lowering the priority of the restored claim. The Supreme Court of the Russian Federation upheld the ruling of the first instance and noted that lowering the priority of the restored claim is a special type of liability applied to the creditor in connection with the commission of unlawful guilty actions ...

THE BORROWER'S ABUSE AFFECTS THE REQUIREMENTS FOR HIM

... million rubles. The courts considered the penalty disproportionate to the consequences of the violated obligation and reduced it to 10% of the amount of the principal debt. The DIA disagreed with the position of the lower authorities and appealed to the Supreme Court. The agency noted in the complaint that the debtor participated in schemes for the withdrawal of assets of a credit institution and did it intentionally, thanks to which he used the bank's funds free of charge and for a long time. The latter ...

THE DEBTOR CAN CHOOSE WHICH REGION TO LIVE IN

... consideration of the application, concluded that it was necessary to exclude from the bankruptcy estate of the debtor an apartment building located in the Republic of Mordovia, refusing to satisfy the debtor's claims in respect of a room located in Moscow. The Supreme Court of the Russian Federation referred the debtor's complaint to the board, noting the argument that the debtor lives in a room with his wife, works in Moscow, and the loss of the room will deprive him of his job and livelihood. Consideration ...

THE OWNER OF THE CAR IS NOT RESPONSIBLE FOR THE DAMAGE CAUSED BY THE TENANT

... accident cannot indicate that it was the driver who owned the source of increased danger in the sense that is given to this concept in Article 1079 of the Civil Code, since there is no evidence of the reality of the lease agreement. The position of the Supreme Court The higher instance did not agree with the position of the lower instances, canceled their judicial acts and sent the dispute for a new consideration (Ruling No. 19-KG23-30-K5 dated 11/28/2023). Arguing its position, the court stated the ...

THE COLLECTION OF COLLATERAL MUST BE CARRIED OUT IN A TIMELY MANNER

... dismissed by the courts of three instances, since the debt owed to the bank under loan agreements has not yet been repaid, the main obligation cannot be considered terminated, and, therefore, there are no grounds for termination of the pledge. The Supreme Court of the Russian Federation sent the case for a new hearing and noted the following: "Since the law connects the termination of the pledge with the termination of the main obligation, including the liquidation of the debtor legal entity ...

WHAT IS MORE IMPORTANT: THE INTERESTS OF CREDITORS OR THE DEBTOR'S RIGHT TO HOUSING?

... the courts decided to leave his metropolitan housing in the bankruptcy estate, pointing out that these arguments cannot be accepted because there is no evidence that his work is highly paid and allows him to settle with creditors. Grounds for transfer Supreme Court Judge Ksenofontova N.A., having studied the debtor's cassation complaint, decided to transfer it for consideration at a court session of the Judicial Board for Economic Disputes of the Supreme Court (Supreme Court ruling on transfer dated ...

TRADING REPORTS MUST BE RELIABLE

... expert opinion and personally inspect the subject of the auction. The legislation does not contain requirements for a detailed description of each object put up for auction, and also does not indicate the necessary degree of detail of property data. The Supreme Court of the Russian Federation referred the complaints of the applicant and another potential participant to the board for consideration and noted the following arguments: "The applicants believe that each auction message was unreliable ...

FEATURES OF THE SALE OF SHARES IN A CLOSED-END MUTUAL INVESTMENT FUND AT BANKRUPTCY AUCTIONS

... the sale of property approved by the court, as well as the circumstances that the auction notice contains all the information necessary for closed auctions on limiting the number of persons participating in the auction (only qualified investors). The Supreme Court of the Russian Federation referred the complaint of the winner of the auction to the board and emphasized the following arguments of the applicant: "The winner has confirmed the status of a qualified investor: a notification has been ...

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