Search

THE COURT DID NOT DECLARE THE VICTIM OF FRAUD BANKRUPT

... bank was not obliged to provide a judicial act on debt collection in accordance with the general procedure. The verdict of the Arbitration Court of Appeal was overturned by the Arbitration Court of the Moscow District. Filina filed a complaint with the Supreme Court. The judge of the Supreme Court of the Russian Federation, Nadezhda Ksenofontova, considered that the complaint should be discussed by the Economic Board (Judicial Board for Economic Disputes). In December, the case was reviewed. The Judicial ...

THE RIGHT OF PERPETUAL USE IS NOT AN ASSET OF THE DEBTOR

... transaction harms the interests of creditors. In this regard, they recognized the statement of the manager as justified and established the existence of grounds for applying the consequences of the invalidity of the transaction. The position of the Supreme Court The higher instance did not agree with the position of the lower courts, canceled their judicial acts and refused to satisfy the application (Ruling of the Supreme Court of December 01, 2023 in the case A73–6/2013 (303–ES23–15595). Forming ...

THE MANAGER HAS THE RIGHT TO REFER TO THE OMISSION OF THE LIMITATION PERIOD IN THE COMPLAINT

... manager appealed against the judicial act of the first instance. In the complaint, he stated that the plaintiff had missed the statute of limitations. The court of appeal did not consider the statement and arguments of the manager. The position of the Supreme Court The Supreme Court annulled the judicial acts of lower instances, sending the dispute for a new review by the appellate instance (Ruling No. 5-KG23-117-K2 dated 10/31/2023). Forming its position, the court presented the following arguments: ...

THE VERDICT AGAINST THE DIRECTOR IS THE BASIS FOR REVIEW

... based on the fact that the arguments given by the defendant did not meet the criteria of the newly discovered circumstances. The courts noted that the verdict was passed against the head of the plaintiff, who is not a party to the present dispute. The Supreme Court of the Russian Federation referred the defendant's complaint to the board, reflecting the arguments that the courts did not take into account that the verdict was passed against the actual head of the plaintiff, and therefore the circumstances ...

THE EXERCISE OF THE RIGHT OF CLAIM MAKES IT IMPOSSIBLE TO RECOVER DAMAGES FROM AN INVALID TRANSACTION

... responsibility for non-transfer of documents and for making unprofitable transactions, the lower authorities established the difference between the total amount of outstanding debt to creditors and the losses collected from the head. The position of the Supreme Court The higher instance did not agree with the lower courts, annulled their judicial acts and determined to refuse to satisfy the application (Ruling of the Supreme Court of 11/23/2023 in case A05-8798/2018 (307-ES20-22591 (3,4)). The Supreme ...

THE DISCOVERED PROPERTY AND MILITARY PROPERTY RIGHTS CAN BE DISTRIBUTED AFTER THE LIQUIDATION OF THE LEGAL ENTITY

... representatives of the plant, there were no reasons for the termination of the auction, since the manager did not put up for auction the debtor's rights to use the results of intellectual activity. The courts refused to satisfy the application, but the Supreme Court did not agree with them (Ruling of 16.10.2023 in case A68-6904/2016 (310-ES18-3188 (2)). The essence of the dispute As part of the bankruptcy case of JSC KB "IKAR", the "OXIDE" plant, being the legal successor of the ...

A CREDITOR WITHOUT A LICENSE CANNOT BANKRUPT A DEBTOR WITHOUT A JUDICIAL ACT

... institution, the court noted that the applicant had not submitted the corresponding license of the legal successor. The appeal sent the dispute for a new consideration, based on the fact that the creditor's legal successor is a microfinance organization. The Supreme Court of the Russian Federation referred the complaint of another debtor's creditor to the collegium, reflecting in the definition the applicant's arguments that the creditor's legal successor is not a credit institution and does not conduct banking ...

THE COP WILL CONSIDER THE ISSUE OF THE ORDER OF REPAYMENT OF TAX PENALTIES IN THE IMPLEMENTATION OF THE PLEDGE

... Constitutional Court of the Russian Federation has accepted for consideration the complaint of LLC TD Agrotorg on the recognition of clause 6 of Article 138 of the Bankruptcy Law as inconsistent with the Constitution of the Russian Federation. In 2021, the Supreme Court based its position on this provision of the GOITRE, according to which taxes accrued on such property during production are primarily repaid at the expense of proceeds from the sale of collateral. In its complaint, the organization noted ...

EXCLUSION FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES - PROOF OF BAD FAITH OF THE CDL

... responsibility. Three instances refused to satisfy the statement of claim due to the fact that the plaintiff did not prove the facts of the actions committed by the head, which led to the failure of the bankrupt to cover his debt obligations. However, the Supreme Court did not share the position of the lower courts and annulled their judicial acts (Ruling of 04.10.2023 in case no. A40-143778/2022 (305-ES23-11842)). The dispute is sent for reconsideration. The Sun explained its position as follows: "In ...

INCOMPLETE PAYMENT UNDER THE CONTRACT IS A SIGNIFICANT VIOLATION OF ITS TERMS

... right to demand termination of the contract in connection with the payment by the buyer of part of the value of the property. However, the plaintiff could apply to the court with a statement of claim for the recovery of funds under the contract. The Supreme Court disagreed with the lower instances, canceled the judicial acts and sent the case for reconsideration to the Court of Appeal. The Judicial Board for Economic Disputes of the Supreme Court noted that it follows from the concluded contract ...

Sorted by relevance | Sort by date