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Supreme Court of Russia allowed prisoners of one of the prison camps to hold correspondence

The Supreme Court of Russia considered the complaint of one of the prisoners of the prison camp near Khabarovsk, who, after several months of correspondence with another prisoner of the same colony, was forbidden to continue it. Both convicts were serving ...

Supreme Court of Russia sided with the creditor in a situation of insufficient evidence

... of one of the debtor's creditors, whose claim to be included in the register of creditors’ claims was rejected by the lower courts. The reason for this was the lack of the documents, confirming the debt and submitted by the applicant. However, the Supreme Court of Russia indicated that in the case under consideration, the creditor could not have more documents, and the investigation of the issue of the presence of creditors and the size of their claims is the concern of a bankruptcy trustee. ...

Supreme court of Russia put an end to the case on the exclusion of the only housing from bankruptcy estate

The Economic Board of the Supreme Court of Russia considered the complaint of one of the debtor's creditors, who remained dissatisfied with the ruling issued by the district court to exclude the debtor's land plot and residential building from the bankruptcy estate. At the same ...

Supreme Court of Russia clarified the features of termination of pledge in bankruptcy

Economic Board of the supreme court of Russia considered the case on the complaint of a bankruptcy trustee of the debtor, who expressed disagreement with the position of the lower courts. The question concerned the pledged property, which the trustee intended to sell at the ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

The claim to attract the person controlling debtor to the subsidiary liability was referred to the Economic Board of the Supreme Court of Russia at the request of the manager. The court of first instance terminated the proceedings, but the appeal and the district court sent the case for reconsideration, with which the Supreme Court of Russia did not agree with such a decision....

SUPREME COURT OF RUSSIA: LOWERING OF PRIORITY OF CLAIM IS NOT APPLICABLE IN BANKRUPTCY OF INDIVIDUAL

The Economic Board of the Supreme Court considered the case on the complaint of one of the creditors of the bankrupt individual, whose claims were lowered due to affiliation with the debtor. The lower courts came to the conclusion about the relationship between the debtor and the creditor, concluding that the loan issued by the creditor is justified, but is subject to satisfaction in the order preceding the distribution of the liquidation quota. However, the Supreme Court pointed at the mistakes...

SUPREME COURT OF RUSSIA: WHAT ARE THE ACTIONS OF CREDITOR IN THE EVENT OF TERMINATION OF THE AGREEMENT WITH BANKRUPT

... creditors’ claims. Moreover, the judges considered that after receiving the car, the debtor's manager would be able to sell it and settle accounts with creditors, including the failed buyer of the car. However, this position was not supported by the Supreme Court of Russia. The Economic Board recalled that the termination of the agreement does not provoke the reverse transfer of ownership of the disputed item. This is possible only after restitution, when the buyer returns the goods and the seller ...

SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT

... between the potential bankrupt and a third party. The trustee was confused by the fact that the agreement was signed immediately after the initiation of the principal's insolvency case. The opinions of the courts on this issue were different, but the Supreme Court of Russia put an end to it. When considering the application in the court of first instance, the position of the trustee was upheld, and the concluded agreement was declared invalid as a transaction. As arguments for this, the court sounded ...

THE SUPREME COURT OF RUSSIA: INTERIM MEASURES CANNOT BE LIFTED BY ARGUMENT OF INCONVENIENCE

The participant of the debtor in the framework of the insolvency case of the latter applied to the court with a demand to terminate the interim measures imposed on the property of his company. The courts of three instances satisfied the claim, but the Supreme Court of Russia pointed out the incorrect application of legal norms. The participant of the debtor in the framework of the insolvency case of the latter applied to the court with a demand to terminate the interim measures imposed on the property ...

THE SUPREME COURT OF RUSSIA WILL CONSIDER A CASE ON THE DISPUTE ABOUT THE DEBTOR'S PROPERTY AFTER HIS DEATH

The case on the complaint of the heiress of the deceased debtor was transferred to the judicial board of the Supreme Court of Russia. The woman demanded that the courts exclude 1/3 of the apartment's share from the bankruptcy estate, but her claim was rejected. The situation began as an ordinary bankruptcy of an individual, who, among other things, owned a ...

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