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THE DISTRICT COURT FOUND THE TRANSACTION SUSPICIOUS ON THE EVE OF A TAX AUDIT

In the framework of the bankruptcy case (no. A63-14787/18), the debtor's creditor (tax) applied to the court to challenge the debtor's transactions, indicating that they were committed in the presence of the debtor's insolvency - between affiliated persons and with the intention to harm creditors. The courts of the first and appellate instance recognized ...

ARBITRATION COURT OF THE MOSCOW REGION: COURTS ARE REQUIRED TO READ OUT COUNTERCLAIMS

A contract of carriage was concluded between the parties. The plaintiff appealed to the court with a demand to collect payment under the contract. The defendant filed a counterclaim for the recovery of a fine for late delivery of the cargo (case No. A40-210455/2022). The courts of two instances satisfied the claim, and the counterclaim ...

THE COURT FILED A LAWSUIT AGAINST PRIGOZHIN FOR COMPENSATION FOR MORAL DAMAGE

The Kuibyshev District Court of St. Petersburg received a lawsuit against the head of the Wagner Private security Company, Yevgeny Prigozhin, in which the plaintiff demands 100 thousand rubles as compensation for moral damage. However, as reported by 78.ru , the application ...

THE DISTRICT COURT DIFFERENTIATED COMPENSATORY FINANCING AND INVESTMENTS

In the framework of the debtor's bankruptcy case (No. A60-41683/22), the creditor applied for the inclusion of his claim in the register as secured by a pledge of the right to lease a land plot belonging to the debtor. The Court of first instance granted the application, rejecting the arguments of the debtor's controlling persons that the loan agreement on which the claim was based was compensatory financing. The appeal subordinated the claims, having seen the presence ...

THE DISTRICT COURT INTRODUCED INTERIM MEASURES TO THE PROPERTY OF THIRD PARTIES UNDER THE SUBSIDY

In the bankruptcy case of the Express-Credit commercial bank (No. A40-235392/16), the issue of taking interim measures against third parties arose. The courts of two instances rejected the relevant request of the bankruptcy trustee, considering such a decision a violation of the rights of owners. However, the Arbitration Court of the Moscow District annulled the adopted judicial acts and introduced interim ...

MOSCOW REGIONAL COURT: THE DEMAND FOR PAYMENT OF INSEPARABLE IMPROVEMENTS ARISES AFTER THE TERMINATION OF THE CONTRACT

The company applied to the court with a claim for termination of purchase and sale agreements (case no. A41-101826/19). Real estate purchase and sale agreements were concluded between the plaintiff and the defendant (the company), payment for which was not received from the company ...

THE COURT HAS SORTED OUT THE SUBORDINATION OF THE CLAIM IN THE BANKRUPTCY OF A CITIZEN

In the framework of the bankruptcy case of an individual (No. A76-32466/21), the creditor (bank) applied to the court with an application for inclusion of the claim in the register. The claim arose from credit agreements concluded between the bank and the company, the debtor acted as a guarantor under the agreements. The company was declared bankrupt. In addition,...

THE COURT DECLARED THE FOREIGN COMPANY INSOLVENT BY ANALOGY

The liquidated foreign company Delvenisto Investments Ltd. was declared bankrupt by the Moscow Arbitration Court (case no. A40-5658/2023). The initiator of the process was the Trust bank, which recovered $ 92.7 million from the company in 2020. Obligations to the credit institution in the amount of 6.2 billion rubles of the principal debt remained unfulfilled,...

THE COURT DISTRIBUTED THE BURDEN OF PROOF UPON INCLUSION IN THE REGISTER OF INSURANCE

The creditor applied to the court with a request to include a claim from the arbitration manager's liability insurance contract in the insurer's register (case no. A40-243906/20). The claim was conditioned by the fact of recovery of losses from the arbitration manager in the ...

THE COURT RECOVERED MORE THAN A MILLION FROM THE EX-MANAGER

The ex-manager of the Dimitrovgrad Meat Products Plant (Dikom LLC), Alexey Chingaev, must pay 1,122,580.64 rubles as losses inflicted on the organization. The cassation instance in Kazan came to this conclusion. The court considered the complaint filed by the Arsenal insurance company and reduced the amount of damage. Lower courts had previously ordered to recover 2.3 million rubles from the ex-manager. Oksana Okhlopkova filed a petition in the bankruptcy case ...

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