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THE COURT FOUND THE EX-DIRECTOR'S RELEASE FROM LIABILITY UNCONVINCING

On March 13, the Arbitration Court of the Moscow District issued a ruling on the cassation appeal sent to the court by Irina Laricheva and VTB Bank. In it, Laricheva (KU "Peresvet-Real Estate") and VTB (lender) asked the court to review the verdicts of the capital arbitration ...

THE COURT DEFENDED THE RIGHT OF PATIENTS TO SAY EVERYTHING THEY THINK ABOUT DOCTORS

The First Court of Cassation of General Jurisdiction (Ruling of December 8, 2022 on the case № 88-29060/2022(2-1428/2019)) he defended the right of patients to say and write everything they think about doctors. An important condition is that the opinion must necessarily ...

THE COURTS DID NOT CHECK THE REJECTION OF THE CLAIM FOR LEGALITY

The Fund appealed to the court with a demand to recover from the company arrears in the payment of contributions for major repairs. During the consideration of the claim, the foundation declared a partial waiver of the claims, which was accepted by the court. In the rest of ...

THE JOINT DEBTOR HAS THE RIGHT TO ASK THE COURT TO TERMINATE THE PERFORMANCE OF THE OBLIGATION

In the framework of the bankruptcy case (No. A40-135696/21), an application was filed for recognition of the ruling of the arbitration court as not subject to further enforcement. A judicial act that entered into force challenged the transaction on the transfer of bills of exchange from the debtor to the applicant, funds were recovered from the applicant by way of restitution. Subsequently,...

THE COURT FOUND THE PUNITIVE CONDITIONS OF THE BANK GUARANTEE LAWFUL

... provided. Based on the fact that the principal violated the terms of the guarantee, the bank filed a claim for payment of additional remuneration, in response to which the principal filed a lawsuit challenging the terms of the bank guarantee. The courts of two instances satisfied the claim, the cassation canceled the judicial acts, refusing to satisfy the claim. The district Court noted the following: "The disputed agreement was concluded on the terms agreed by the parties. The plaintiff,...

CASSATION: COURTS ARE OBLIGED TO ESTABLISH THE MOMENT OF OCCURRENCE OF OBJECTIVE BANKRUPTCY

In the framework of the bankruptcy case (No. A40-34123/19), the courts considered the application of the manager for bringing the former director of the debtor to subsidiary liability. In support of the application, the manager referred to the fact that in the framework of the bankruptcy case of one of the debtor's ...

THE COURT REQUIRES THE LAW FIRM TO RETURN 1.7 MILLION TO THE BANKRUPTCY ESTATE

The Arbitration Court of the West Siberian District (AS ZSO) considered the complaint of the bankruptcy trustee in the bankruptcy case of JSC "INGA" (No. A75-23174/2019). It was about payment by a firm that has professional lawyers in its staff, legal services ...

THE COURT DEFENDED THE RIGHTS OF AN EQUITY PARTICIPANT IN A DISPUTE WITH A BANKRUPT

... participation agreement was concluded between the citizen and the developer, the rights under which were subsequently transferred to the company. The developer was declared bankrupt, and his manager appealed to the Federal Register, and then to the court (case no. A40-192752/21), demanding registration of termination of the specified contract. The claim was motivated by the fact that the debtor had declared a unilateral refusal to fulfill obligations under the equity participation agreement in ...

THE COURTS IGNORED THE DECISION OF THE GENERAL JURISDICTION – THE CASSATION CORRECTED

In the framework of the bankruptcy case of a citizen (No. A40-134808/21), the creditor applied for the inclusion of the claim in the debtor's register. The claim was based on the decision of the court of general jurisdiction, which entered into force, according to which funds were recovered from the debtor in favor of the creditor. The courts of two instances refused to satisfy the application, referring to the nullity of the transaction concluded ...

A REQUIREMENT NOT PROVIDED BY LAW DOES NOT EXCLUDE ITS SATISFACTION BY THE COURT

As part of the bankruptcy case (No. А43-27511/14), an application was filed to declare the ruling of the arbitration court unenforceable. Earlier, the court invalidated the transaction for the transfer of bills between the debtor and the applicant. As a result of the applicant's failure to comply with the restitution claim, the court recovered damages from the former ...

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