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Supreme Court of Russia indicated the case of abolition of subsidiary liability

The Economic Board of the Supreme Court of Russia considered a dispute on bringing the head of debtor to subsidiary liability. The reason was the failure to transfer the company's documentation to the bankruptcy trustee, which significantly hampered the latter's activities related to the bankruptcy process. The court of first instance satisfied ...

Supreme Court of Russia indicated what the courts should take into account when including debts in the register of creditors’ claims

The highest court considered the case on the complaint of one of the debtor's creditors, who expressed disagreement with the position of the lower instances. The judges consistently satisfied another creditor's claim to have the debt owed to him included in the register of creditors’ claims, despite the applicant's objections....

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

The Economic Board considered the complaint of the debtor and the tax authority against the decisions of the courts of appeal and the district, by which the claims of the creditor affiliated with the debtor were included in the register of creditors’ claims. The applicants considered that the debt should ...

Supreme Court of the Russian Federation clarified what cannot be considered compensatory financing

... affiliation and, as a result, compensatory funding. The applicant did not agree with this position, which was the reason for the consideration of the case in the Supreme Court of the Russian Federation. The disputed debt was formed as part of the debtor's first bankruptcy case. Then the creditor announced his intention to pay off all the debts of the company, which he subsequently did, and the insolvency case was closed. However, this did not help - the debtor again ended up in bankruptcy proceedings....

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was filed by the SRO,...

Supreme Court of the Russian Federation resolved the dispute with the recovery of debt on bail

The Economic Board considered a case in which the bank demanded that the debt arising from the pledge agreement be included in the register of creditors’ claims. At the same time, the fact of non-payment and the existence of an obligation were previously recorded by a judicial act. The creditor's application was satisfied by the court of first instance and the disputed amount was included in the register. However, the three of judges in the appeal doubted the fidelity of the adopted decision and...

District court outlined how to deal with debt on a promissory note in bankruptcy

The Arbitration Court of the North-Western District considered the complaint of the creditor, whose claim to include the debt into the register of creditors’ claims was rejected by the lower instances . The disputed debt was based on the issued promissory note, however, the courts considered the fact of the validity of the security to be unproven. The district court pointed out a number of errors and made a decision to reconsider the submitted application when considering the case. The promissory...

The court called for detailed consideration of cases of recovery of penalty in bankruptcy

... complaint of a bankruptcy trustee, who was dissatisfied with the position of the appeal instance, was transferred for consideration to the district court. In his appeal, the trustee stated that three judges did not consider the fact that the director of debtor did not provide the necessary documentation to the him as proven and therefore refused to recover the penalty. Initially, the question concerned simply the transfer of documents to the trustee, in connection with which the he went to court with ...

Should a bankruptcy trustee report the arrest of property during bidding?

The complaint of the failed buyer of the debtor's property was submitted to the Supreme Court of the Russian Federation for consideration. The house and the land plot of the latter were put up for an auction by the bankruptcy trustee, after which the only participant, an individual entrepreneur,...

Supreme Court of Russia puts an end to the case on the subordination of the restitution claim

The case was considered by the highest court at the request of the debtor, who was dissatisfied with the decisions of the lower courts. The claims for the inclusion of a restitution claim in the register of creditors’ claims, filed by one of the creditors, were subordinated by the first instance, but the court of appeal ...

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