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THE SUPREME COURT RECALLED THE ACCESSORY NATURE OF THE SOFTWARE TRANSITION

... the penalty, based on the fact that the plaintiff, applying to the court for the recovery of the penalty, did not indicate its legal nature and did not substantiate the grounds for such accrual in the calculation presented in the case materials. The Supreme Court of the Russian Federation corrected the lower courts and recalled that, according to the current regulation and the terms of the guarantee agreement, after the guarantor fulfills his obligations to the creditor, the creditor's rights under ...

SUPREME COURT: THE INSURANCE COMPANY IS RESPONSIBLE FOR THE BANK'S LOSSES, NOT THE BORROWER

... Taking into account the circumstances of the case related to the delay in the payment of compensation by the insurer, the courts indicated that the debtor would subsequently be able to file a claim for damages to the insurance company. However, the Supreme Court of the Russian Federation did not agree with the arguments of the lower courts. He recalled that it is the insurance company that should be responsible for losses due to late payment of the loan repayment. The debtor is not responsible for ...

THE SUPREME COURT CLARIFIED THE MANAGER'S OBLIGATION TO RESERVE THE DEBTOR'S FUNDS

... body's appeal to the court, the formation of the bankruptcy estate was not completed, and therefore the possibility of satisfying its claims was not lost. Resolving the issue of transferring the complaint for further consideration, the judge of the Supreme Court of the Russian Federation I.A. Bukina pointed out that the creditor was not obliged to directly apply to the bankruptcy trustee with an application for resolving the disagreements that arose, since the judicial proceedings to consider the ...

THE SUPREME COURT WILL CONSIDER THE LEGALITY OF PAYING OFF TAX OBLIGATIONS BY ISSUING A LOAN

... instances refused to challenge the transaction, citing the fact that at the time of the transaction the debtor did not meet the criteria of insolvency, as well as the fact that the disputed loan was targeted and aimed at paying off tax obligations. The Supreme Court of the Russian Federation, in its ruling on the transfer, pointed out that the courts had not investigated the arguments of the manager about the imaginary nature of the disputed contract. It should be noted that earlier in the same case,...

SUPREME COURT: REHABILITATED CITIZEN IS OBLIGED TO REIMBURSE THE COSTS OF LAWYERS

... challenged by it was resolved in an earlier court ruling, where it was concluded that a reduction in compensation was permissible only in cases where the expenses claimed for the recovery of lawyers were not related to the criminal case. The Presidium of the Supreme Court of the Russian Federation annulled the judicial acts of lower courts with reference to this definition and sent the case for a new hearing. Photo: Freepik

THE SUPREME COURT CORRECTED THE COURTS WHEN CALCULATING THE TIME LIMIT FOR FORECLOSURE ON THE SUBJECT OF COLLATERAL

... under the loan was subject to application. The court of first instance agreed with the arguments of the defendant, satisfying the counterclaim and refusing to foreclose on the collateral. The higher courts, on the contrary, sided with the bank. The Supreme Court of the Russian Federation, while upholding the decision of the court of first instance, pointed out that the creditor was obliged to file a claim against the pledgor within a year from the date of the date of performance of the secured obligation ...

IGNORANCE OF THE LAW FREED THE BANKRUPT FROM RESPONSIBILITY IN THE SUPREME COURT

Pensioner Tamara Volkonskaya from the Tyumen region managed to restore her reputation in the Supreme Court. The woman appealed there with a complaint against the decision of the cassation, which accused her of dishonesty during the bankruptcy procedure. The ruling on the case (No. A70-1042/2017) was made by the Economic Board at the end of March ...

THE SUPREME COURT REFUSED VINDICATION WITH REFERENCE TO THE CONTRADICTORY BEHAVIOR OF THE PLAINTIFF

... contract of sale of the trailer belonging to him on the right of ownership as not concluded and to claim the property from the final acquirer. The courts, having seen the grounds for satisfying the claim, recognized the claims as justified. The Supreme Court of the Russian Federation sent the dispute for a new consideration, due to a number of circumstances. The plaintiff referred to the fact that he did not sign the contract of sale with the defendant, the details were executed by another person,...

THE SUPREME COURT EXPLAINED THE PROCEDURE FOR CHALLENGING THE TRANSACTIONS OF THE DECEASED IN BANKRUPTCY

On March 23, a meeting of the Judicial Board of the Supreme Court of the Russian Federation on economic Disputes in the bankruptcy case of the Kraft Group company (No. A40-151643/2020) was held. A complaint against the decision of three judicial instances was filed by the bankruptcy trustee Vyacheslav ...

THE SUPREME COURT WILL CONSIDER THE LIMITS OF THE GUARANTOR'S FORMALISM IN THE BANKRUPTCY OF THE PRINCIPAL

... beneficiary. Despite Article 370 of the Civil Code of the Russian Federation, the courts unanimously pointed to non-compliance with one of the conditions in the bank guarantee agreement. AHK Sukhoi became a part of PJSC UAC in June 2022. Her appeal to the Supreme Court of the Russian Federation with a complaint seemed interesting to Judge Natalia Pavlova. On March 22, she issued a Ruling (No. 305-ES22-23473) on the transfer of the case to the Economic Board. According to experts, its outcome may have a ...

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