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THE SUPREME COURT EXPLAINED THE TAX NUANCES OF BANKRUPTCY OF THE HEREDITARY MASS

... proceeded from the fact that the inclusion of property in the bankruptcy estate does not cancel the obligations of the heirs for its maintenance. The conclusions of the appeal were also supported by the Court of Cassation. One of the heirs appealed to the Supreme Court of the Russian Federation with a cassation appeal, according to the results of which the court came to the following conclusions. Since the estate of the testator in the event of bankruptcy of the estate is included in the bankruptcy estate,...

THE COURTS FORGOT TO CONSIDER PART OF THE BANKRUPTCY CLAIMS – THE SUPREME COURT WILL CORRECT

... courts satisfied the application, recognizing the transactions as invalid and collecting the amount of overpaid wages from the defendants in the bankruptcy estate. The bankruptcy trustee did not agree with the judicial acts and filed a complaint with the Supreme Court of the Russian Federation. In his complaint, he pointed out that the courts, having applied the consequences of the invalidity of transactions in the form of recovery of funds from the defendants, forgot to consider the claim for recovery ...

THE SUPREME COURT AGAIN EXPANDS THE LIMITS OF EXECUTIVE IMMUNITY

At the end of October, the Supreme Court published a ruling on the results of the consideration of the cassation appeal in the bankruptcy case (No. A40-208133/19). In it, the supreme judicial instance presented a position regarding executive immunity applied to a citizen's only ...

SUPREME COURT TO RULE ON CONSUMER PENALTY IN BANKRUPTCY

... also mentioned that the bankrupt company does not have the right to voluntarily satisfy the requirements, which is why the inclusion of a fine in the register is impossible. The citizen did not agree with this approach and filed a complaint with the Supreme Court, which drew attention to his arguments that the court in any case is obliged to consider the requirement to include a consumer fine in the register, regardless of whether it was declared. Photo: Freepik

THE SUPREME COURT PROPOSED TO "FREEZE" LEGAL DISPUTES WITH PARTICIPANTS IN HOSTILITIES

The Plenum of the Supreme Court approved the initiative to "freeze" arbitration disputes in case one of the parties participates in a special military operation. The corresponding amendments are planned to be made to Article 143 of the Arbitration Procedural ...

THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER THE DISPUTE ON THE NEED FOR AN ARBITRATION MANAGER TO OBTAIN INSURANCE

... to satisfy the application due to the absence in his actions of a set of grounds for recognizing the actions (inactions) of the bankruptcy trustee of the debtor as illegal. Not agreeing with the judicial acts, the creditor filed a complaint with the Supreme Court of the Russian Federation. As arguments, the creditor refers to the fact that in order to remove the bankruptcy trustee due to his non-compliance with the requirements of the law, it is not necessary to establish the presence of guilt in ...

THE SUPREME COURT RECOVERED DAMAGES FROM THE BANK FOR AN ERRONEOUS PAYMENT

... civil lawsuit against the bank, where he demanded to recover losses for the mistake made by the fault of the employees of the credit institution. Following the results of the dispute, the courts of three instances supported the plaintiff's position. The Supreme Court of the Russian Federation, leaving the acts unchanged, drew attention to the fact that despite the actions of the bank in accordance with the instructions, bringing it to responsibility in the form of losses is legitimate, since the funds ...

Supreme Court of Russia indicated that FAS has no right to control bankruptcy auctions

The corresponding legal position is set out by the Highest court in Ruling No. 309-ES21-27706 dated April 26, 2022 in case No. A34-2459/2020. The issue raised for the resolution by the Supreme Court of the Russian Federation was as follows: as part of the bankruptcy case of the debtor, his property was put up for auction, the citizen sent an application, but was not allowed to participate in the auction due to the failure to provide ...

Supreme Court eliminated a problem of uncertainty in bankruptcy case

The Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation had to deal with a dilemma related to the binding nature of court decisions encountered in bankruptcy cases. On April 20, 2022, the judges issued a ruling related to case No. А53-24369/2019. On July 15, 2019, ...

Supreme Court of Russia to solve the issue of passive behavior of the debtor

On May 12, the Supreme Court will hold a hearing related to the bankruptcy case No. А40-109235/2020. Two issues turned out to be problematic in it, one of which is of substantive legal significance, and the second is a procedural one. In the first case, the board ...

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