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THE COURT: PARTICIPATION IN THE CASE AS A THIRD PARTY IS NOT A GROUND FOR DOWNGRADING THE CLAIMS IN BANKRUPTCY

The Arbitration Court of the Moscow District considered the complaint of the creditor, the claims of which were downgraded by the lower courts due to affiliation with the debtor. As the basis for this, the fact of participation of the debtor and the creditor in another case as third parties was named. However, the district court did not agree with this interpretation of the law. The application for inclusion in the register ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE LIMITS OF MORATORIUM ON INITIATION OF BANKRUPTCY PROCEEDINGS

The Supreme Court of Russia considered the dispute on declaring the company insolvent. One of the debtor's creditors initiated the case, and the court of the first instance accepted the application and initiated bankruptcy proceedings. However, in subsequent challenges of the claim in the appeal and district courts, the position was found to be incorrect,...

THE SUPREME COURT OF RUSSIA: TERMINATION OF BANKRUPTCY CASE IS NOT A GROUND FOR A DENIAL OF A WRIT OF EXECUTION ISSUANCE

The Economic Board of the Supreme Court of Russia considered the claim of the debtor's creditor to issue him a writ of execution on the basis of a ruling on the inclusion of debt in the register of creditors’ claims. The claim was filed after the termination of the insolvency proceedings due to insufficient funds to carry out the ...

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

... (bankrupt company) and the customer. The courts of three instances sided with the applicant, but the Supreme Court of Russia rejected his claim him. The essence of the dispute arose as a result of the parties' performance of a contract, under which the debtor undertook to perform a certain amount of contract work. Under the terms of the agreement, the customer paid the contractor an advance. The contractor received the funds, but fulfilled his duties only by a third. Having considered a part of the ...

DISTRICT COURT FOUND NO VIOLATIONS IN THE INCREASED PRICE OF DEBT REDEMPTION

... of Arbitration of the Urals District considered the case at the request of one of the creditors. The initiator of the process applied to the court for procedural succession under the assignment agreement between him and the previous creditor of the debtor. Initially, the claim in question arose at the Federal Tax Service, after which it was extinguished by an individual, and a procedural replacement was made. Then the creditor sold his right of claim to another individual, while the price of the ...

THE SUPREME COURT OF RUSSIA WILL CONSIDER A CLAIM FOR SUBSIDIARY LIABILITY OUT OF BANKRUPTCY PROCEEDINGS

The case to bring the persons controlling the debtor to subsidiary liability was transferred to the Economic Board of the Supreme Court of Russia at the request of one of the creditors. The peculiarity of the application is that it was filed after the court terminated the insolvency case of the debtor ...

COURT OF ARBITRATION ACCEPTED A PETITION ON THE INSOLVENCY OF THE TVZAVR ONLINE CINEMA

Moscow Court of Arbitration accepted an application for declaring the insolvency of TVzavr LLC for production. The company has existed since 2010 and is the largest online cinema in Russia. According to her its own data, the monthly audience of the cinema is over 35 million users. The application for declaring bankruptcy of the company was initiated by Nikita Kisloshchenko. The amount of the debt owed to him has not been disclosed, however, it is known that there has been a decision of the Khamovnichesky...

DISTRICT COURT PUT AN END TO THE CASE ON SUBORTINATION OF CREDITORS’ CLAIMS

... order to pay off the debt to him after all other declared creditors. At the same time, the cassation instance indicated a number of theses that were not taken into account by the appeal. First of all, the board recalled that only the fact that the debtor and the creditor were affiliated could not serve as a basis for subordination of the claims of the latter. As for the issuance of a loan to the debtor by an affiliated person, in order to subordinate the claims of the latter, it is necessary to ...

The district court clarified the specifics of bringing the head of company to subsidiary liability

The Arbitration Court of the North-West District considered the case at the request of the bankruptcy manager of the debtor. The question concerned the attraction of the head of a bankrupt company to subsidiary liability due to incomplete transfer of documentation. At the same time, the head himself insisted that he had provided all the necessary documents and there ...

THE DISTRICT COURT OUTLINED THE PECULIARITIES OF INVOLVEMENT THE APPRAISER IN BANKRUPTCY

The Arbitration Court of the North Caucasian Federal District considered the case on the complaint of one of the creditors. The applicant was not satisfied with the rulings adopted by the lower courts, by which the bankruptcy manager of the debtor was allowed to involve an appraiser to determine the value of the latter's property. The creditor considered that the manager was able to carry out the assessment himself, and there was no need to spend funds from the bankruptcy estate on it....

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