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Supreme Court of Russia resolved the dispute with the executive immunity of debtor

The Supreme Court of Russia considered the case on the complaint of a bankruptcy creditor of debtor. The applicant expressed disagreement with the position of the lower courts, which excluded the bankrupt's expensive real estate from the bankruptcy estate: ...

Supreme Court of Russia considered the case of a deposit disappeared from Sberbank

On the eve of the New Year, the Supreme Court of Russia considered the case on the complaint of a plaintiff, the claims of which were rejected by the lower instances. The woman insisted on paying her almost 3 million rubles, which she had deposited six years earlier. The bank, in ...

Supreme Court of Russia pointed to the dual responsibility of a person controlling debtor as a surety

The highest court considered the case on bringing the person controlling debtor to subsidiary liability. The issue caused legal uncertainty among colleagues at lower levels, but the Supreme Court of Russia explained how to handle such cases. The legal situation was that the same individual was both the controlling person of the debtor (CPD) and the guarantor for a number of loan agreements concluded by the debtor with the bank....

Alimony, remote work and extremism: the results of the year, which were included in the plenums of the Supreme Court of Russia

The outgoing year was rich in explanations of judicial practice, which were contained, in particular, in the plenums of Supreme Court of Russia. The documents are the result of the law enforcement - the conclusion made by the highest court on a particular issue. And, despite the fact that Russian law is not precedent, both the participants in the process and the judges ...

Supreme Court of Russia clarified who should be responsible for labor obligations in bankruptcy

On the eve of the New Year, Supreme Court of Russia issued another resolution of the Plenum, which provides for the legal clarifications in the field of labor law. The document deals with the peculiarities of the application by the courts of general jurisdiction of two articles ...

Supreme Court of Russia outlined the right of creditors to challenge the results of auction

... auction. The first-instance court upheld the claim and canceled the transaction. The court of appeal, however, found no violations, but the district court agreed with the court of first instance. When considering the case, the Economic Board of the Supreme Court of Russia noted that creditors had the right to challenge the results of the auction, but only if they affected their property interests. In the case under consideration, the price of the sold property was set according to its market value,...

Supreme Court of Russia indicated on what grounds it is impossible to impose subsidiary liability

... transactions that ruined the bank, and had not taken measures to improve financial situation in the credit institution. The courts of three instances unanimously upheld the applicant's position and satisfied the claim. Then the defendant applied to the Supreme Court of Russia, where he was supported. The Economic Board listened to the arguments of the initiator of the complaint, who stated that the transactions he had approved did not harm the bank. In one of them, where a multimillion-dollar loan was ...

Supreme Court of Russia explained what to do with a pledge lender who failed to file the claims in time

The Economic Board of the Supreme Court of Russia considered the case on the complaint of the debtor, who remained dissatisfied with the result of the decisions made by the lower instances. The judges reinstated the deadline for filing an application for the inclusion in the ...

Supreme Court of Russia clarified how to identify an invalid creditor

... debt was based on an assignment agreement, as well as on a cash receipt, according to which the assignor transferred the funds to the bankrupt company. The courts of three instances did not see the problem and the claim was satisfied, however, the Supreme Court of Russia drew attention to the importance of a detailed examination of each statement of the creditor in order to determine the validity of his claims. In particular, the economic board noted that the fact of transferring funds to the debtor ...

Supreme Court of Russia supported the position of colleagues on the invalidity of a deed of gift

... case and at the time of signing the agreement, the debtor had already had multimillion-dollar obligations to the bank, but under a surety agreement. The main borrower was the company controlled by the future bankrupt. Considering the complaint, the Supreme Court of Russia recalled that the recognition of an agreement on the deed of gift as invalid is possible if three conditions are met: causing property damage to creditors; the existence of the debtor's purpose for such damage ; awareness of the ...

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