Search

Supreme Court of Russia indicated the debtor's right to receive full amount of retirement benefits

... the payment of the pension, which was transferred to the debtor, but the bankruptcy trustee considered that it should have been returned to a special account and included in the bankruptcy estate. The lower courts agreed on his arguments, but the Supreme Court of Russia expressed a different position. The judges of the first instance, the appeal instance instance and the district court considered that in the case under consideration, the provisions of bankruptcy legislation had priority over other ...

Supreme Court of Russia considered the case of the ‘protective’ tariffs of bank

... acase on the complaint of the company, which considered the bank's collection of a commission for a non-cash transfer of funds against individuals to be unjustified enrichment. At the same time, the lower courts consistently rejected the claim, but Supreme Court of Russia looked at the situation differently. The reason for the dispute was the fact that the All-Russian Bank for the Development of Regions was collecting a commission for transferring money from the account of EKOIL LLC to two individuals ...

Supreme Court of Russia clarified the application of the law on holding bankruptcy trustees accountable

The Supreme Court of Russia clarified the issue of the admissibility of bringing bankruptcy trustees to administrative responsibility in a situation where they violate the procedure for distributing funds received from the sale of the subject of pledge. ...

Supreme Court of Russia will clarify the procedure for initiation of bankruptcy of an individual by bank

... an application to terminate the proceedings on the claim, and the judge satisfied his request. The district court and the court of appeal supported the decision of judge. Despite this, the bank made a decision to fight and filed a complaint with the Supreme Court of Russia. The position of the lower courts was that the claims made by the bank were not indisputable, and there was a disagreement between the parties about the right, which should have been resolved outside the bankruptcy case. The opinion ...

Supreme Court of Russia determined the time period for consideration of claims on invalid transaction

... him were terminated, after which he applied to the court with a demand to include the debt to him in the register of creditors’ claims. The courts of three instances consistently satisfied the claim, but such a decision turned out to be erroneous. The Supreme Court of Russia recalled that a claim on a recognized transaction is considered to be declared on time if it has been failed within two months after the entry of a judicial act declaring the transaction invalid into force, which was not done. ...

Bankruptcy trustee convinced the Supreme Court of Russia of fictitiousness of transaction due to data of the Federal Tax Service

... was dissatisfied with the rulings issued by the lower courts. The question concerned the claim of one of the creditors, which the latter asked to include in the register of creditors’ claims. The lower courts did not see this as a problem, but the Supreme Court of Russia found this opinion to be erroneous. As part of the company's insolvency case, one of the creditors asked to include the subcontracted debt to the register of creditors’ claims. As evidence in the court, the contract itself, acts ...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the controversial agreement, which means that the debt transferred to it was unreasonable. Despite this, the lower instances considered that the assignment took place and was documented, which meant that there were grounds for including the...

Supreme Court of Russia deprived bankruptcy trustee of remuneration due to bad faith

... which was calculated according to the results of the sale of property at auction. The application was rejected by the first instance, however, the appeal and district courts canceled the judicial act, and the claims of the trustee were satisfied. The Supreme Court of Russia figured out the issue and rejected his claim, citing dishonest behavior. The fact is that the auction held by the trustee manager was controversial. In the process of considering the insolvency case, four creditors with a total ...

Supreme Court of Russia considered it unreasonable to involve a third-party organization in bidding

... which carried out the sale of the property of insolvent company, applied to the court with a claim for payment of remuneration due to it. The cases were combined into one procedure, the fate of which changed dramatically after being considered by the Supreme Court of Russia. Prior to that, all three instances unanimously supported the company holding the auction and satisfied its claims for payment of remuneration. Its size, by the way, was 63 million rubles. The position of the lower instances was ...

Supreme Court of Russia clarified the features of enforcement immunity

... apply to real estate. According to the logic of the district court, there is no point in recognizing the donation agreement as invalid, since the house will still not be included into the bankruptcy estate. However, this position was not shared by the Supreme Court of Russia, which indicated that the rules on enforcement immunity do not exclude the possibility of deteriorating the living conditions of the debtor, and refusal from it should have real economic sense. The highest court noted that it was ...

Sorted by relevance | Sort by date