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THE SUPREME COURT CALLED ON THE COURTS TO STUDY ALIMONY IN BANKRUPTCY IN MORE DETAIL

... former spouse. Despite the fact that the payments were named as made in payment of alimony, according to the manager, in fact, the purpose of their commission was to cause harm to creditors. The courts of three instances granted the application. The Supreme Court of the Russian Federation refused to transfer the complaint to the board for consideration. After determining the Deputy Chairman of the Supreme Court of the Russian Federation on the transfer of the complaint, the court sent the dispute ...

THE SUPREME COURT ALLOWED TO BANKRUPT FOREIGN FIRMS IN RUSSIA

... this issue are divided among lawyers. Considering that judicial practice has not yet developed a unified approach to bankruptcy claims, where the defendant is a foreign element, many experts spoke in favor of the cancellation of such a verdict by the Supreme Court. Apparently, Igor Grechanik (the sole owner of the company and a Russian citizen), who filed a complaint with the Armed Forces of the Russian Federation, counted on this outcome of the case. However, his application was refused. Judge Samuilov,...

THE SUPREME COURT WILL SORT OUT THE CHALLENGE OF THE TRANSACTION TO REPAY THE FICTITIOUS DEBT

... off the latter's debt to the contractor. The courts of three instances refused to satisfy the claim, justifying such a decision by the fact that the reality of contractual legal relations was confirmed by the documents submitted to the case file. The Supreme Court of the Russian Federation, referring the case to the board, drew attention to the arguments of the cassator that the debt transfer agreement was concluded solely to create an artificial debt to give legitimacy to the withdrawal of the debtor's ...

THE SUPREME COURT WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

... applicant (FTS) of the costs of the procedure and remuneration of the arbitration manager. The court of first instance satisfied the requirements, however, the higher courts, not agreeing with the definition, refused to satisfy the application. The Supreme Court of the Russian Federation, referring the complaint to the board, noted that the conclusions of the courts on the need for a preliminary appeal to the debtor with a claim for payment of remuneration were made without taking into account the ...

THE SUPREME COURT WILL SORT OUT THE CHALLENGE OF TRANSACTIONS ON THE "DILUTION" OF SHARES

... his profits from subsurface use and reduce the debtor's property sphere), the creditor asked to invalidate the transaction. The court of first instance granted the application, the higher courts canceled the ruling, refusing to satisfy the claim. The Supreme Court of the Russian Federation, referring the case to the board, noted that the value of participation in capital can be expressed not only in purely property opportunities, but also in the realization of corporate rights, which the debtor refused ...

THE SUPREME COURT EXTENDS GUARANTEES OF THE RIGHTS OF SUBSIDIARY DEFENDANTS

... bringing the former director to subsidiary responsibility is being considered, therefore, the decision in the case of challenging the tax inspection act will affect the applicant's rights. The courts of three instances refused to satisfy the petition. The Supreme Court of the Russian Federation referred the dispute for a new consideration, noting that if the issue of the legality of the inspection's decision is resolved outside the framework of the bankruptcy case, the controlling person against whom a ...

THE SUPREME COURT REFUSED TO CHALLENGE THE TRANSACTION FOR THE ISSUANCE OF A PAID LOAN

... courts of two instances refused to satisfy the application, noting that the payments do not contain signs of invalid transactions. The cassation satisfied the manager's claim, considering that the disputed payments violated the rights of creditors. The Supreme Court, while upholding the judicial acts of the first and appellate instances, noted that the payments did not harm the bankruptcy estate, since the funds issued by the debtor as borrowed were returned by the defendant, which follows from the ...

THE SUPREME COURT DID NOT SUPPORT VEB'S COMPLAINT.THE RUSSIAN FEDERATION ON THE RECOVERY OF 1.8 BILLION

An attempt by the state corporation VEB.The Russian Federation has not found understanding to appeal the verdicts of arbitration courts to the Supreme Court. Judge Denis Tyutin rejected an appeal containing a request for a review of the case in the Economic Board of the Armed Forces of the Russian Federation. This means that the state corporation failed to receive 1.8 billion rubles from four ...

SUPREME COURT: THE PERFORMANCE BY THE GUARANTOR OF THE GUARANTOR'S CLAIM DOES NOT ENTAIL A CHANGE OF PERSONS IN THE OBLIGATION

... who fulfilled the requirements filed a claim (case no. A40-201536/2021) to the beneficiary under the bank guarantee, believing that the rights of claim were transferred to him from the principal. The courts of three instances satisfied the claim. The Supreme Court of the Russian Federation canceled judicial acts, refusing to satisfy the claim and noted that the performance by the guarantor of obligations for the debtor under bank guarantee agreements does not affect the content of legal relations ...

THE SUPREME COURT CONFIRMED THE SUBSIDY OF THE EX-HEADS OF THE LEGION BANK

On February 3, the Supreme Court of the Russian Federation considered the complaint of two ex-managers of the bankrupt Legion Bank, who demanded that they be relieved of subsidiary liability imposed by verdicts of lower courts. The RF Armed Forces considered the application,...

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