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Supreme Court of Russia did not give a permission for re-consideration of the application for bringing to subsidiary liability

... circumstances. In the court of first instance, the proceedings were terminated with reference to the identity of two applications. However, the appeal and the district saw no problems and sent the dispute for reconsideration. The end to the case was put by the Supreme Court of Russia, which pointed out the inadmissibility of a secondary consideration of an application with identical claims. The Supreme Court of Russia noted that the position taken by the court of appeal and the district court led to the possibility ...

Supreme Court of Russia allowed bankruptcy trustee request information about the assets of bankrupt’s children

The question of the ability of bankruptcy trustee to make inquiries and receive information about the property of the descendants of a bankrupt citizen was considered by the Supreme Court. The initiator in the case was Sergei Gulyaev, who had previously gone through all judicial instances, trying to oblige Russian State Register employees to obtain the relevant data through arbitration. In case No. А56-6326 / 2018, Sergey Rassvetov was declared bankrupt. Since the insolvent citizen had not only...

Supreme Court of Russia resolved the dispute with the missing cars of debtor

The Supreme Court of Russia considered the case of the debtor's property, which, according to him, was out of his possession. However, the creditor was sure that it was simply hidden away in order to be withdrawn from the bankruptcy estate. Within the ...

Supreme Court of Russia explained how to deal with leasing in case of bankruptcy

... of law, including insolvency cases. Specifically in this document, the highest court paid attention to leasing agreements and the specifics of working with them in the event of bankruptcy of one of the parties. A number of important theses of the Supreme Court of Russia are collected in this material. If a bankruptcy procedure has been introduced against the lessee, the lessor has the right to submit an independent claim to terminate the contract and receive the leased asset outside the bankruptcy ...

Supreme Court of Russia did not accept the claim of the ‘Children of GULAG’ to the State Duma

... the right of the plaintiffs to receive housing in the settlements from which their families had previously been exiled. The judgment was issued two years earlier and became known as the ruling of the ‘children of GULAG’ Justifying its decision, the Supreme Court of Russia pointed to the independence of the three branches of power in Russia: legislative, to which the State Duma belongs, executive and judicial, to which belongs the Supreme Court of Russia. This principle is enshrined in the Constitution ...

The Supreme Court of Russia named the terms of simplified bankruptcy proceedings

... the instance of appeal pointed out that the applicant's claim was acquired on the basis of a loan agreement, which means that he has the right to file a bankruptcy petition for his debtor without asking for the debt. The point in the case was put by Supreme Court of Russia, which noted that the rule providing banks with the opportunity to initiate bankruptcy of their debtors was due to the fact that these requirements, as a rule, are confirmed by standard evidence, and the process of verifying their ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with the applicant and satisfied the claim. Then the company, which received ...

Supreme Court of Russia recalled that bankruptcy trustee may be suspended due to mistakes in another case

... that the trustee was removed from participation in another case did not affect the need to do the same in the present case. In addition, the applicant has not proven the fact of improper performance of duties in the conduct of this case. However, the Supreme Court of Russia came to a different conclusion on this issue. The fact is that in both cases, when considering the bankruptcy claim of the trustee, it was a question of a strategic enterprise debtor. In such a situation, the economic board recalled ...

The Supreme Court of Russia replaced the real term with a suspended sentence due to the poverty of the offender

Supreme Court of Russia, court ruling, ruling, criminal liability, smuggling, suspended sentence, poverty The lower courts found him guilty and sentenced him to three years in prison. However, upon a detailed examination of the case, it turned out that ...

Supreme Court of Russia resolved the issue of remuneration between bankruptcy trustees

The Economic Board of the Supreme Court of Russia considered the case on the complaint of a trustee, whose claim was rejected by the lower courts, which cited the expiration of the statute of limitations. The trustee wanted to receive a portion of the remuneration that he believed ...

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