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How the creditor’s inactivity affected the fate of debt in bankruptcy

Supreme Court of Russia considered a case in the framework of which one of the creditors made a request to include the claim based on a suretyship agreement and a judicial act in the register of creditors’ claims. The application was rejected by three ...

Supreme Court of Russia will consider the suit of the Prosecutor General's Office against the ‘Azov’ Battalion

The Supreme Court of the Russian Federation plans to consider the case on recognizing the ‘Azov’ Battalion as a terrorist organization at the initiative of the General Prosecutor's Office. Hearing on this issue should be held in a closed format in a week. The administrative case arose at the request of the Prosecutor General's Office, which considered it possible to declare the organization a terrorist organization, as well as to ban its activities in Russia. We should recall that the day before...

Supreme Court of Russia specified when the FAS cannot intervene in bankruptcy auctions

The Supreme Court of Russia considered a case in which one of the potential buyers of the debtor's property made a decision to complain to the Federal Antimonopoly Service. The applicant was not satisfied with the fact that the bankruptcy trustee did not ...

Supreme Court of Russia indicated when the bankruptcy trustee is guilty of not challenging transactions

... were introduced against the company, another person, who had the procedural opportunity to challenge the transaction, was appointed to the position of the bankruptcy trustee. This fact confused the lower courts. The issue was finally resolved by the Supreme Court of Russia. As part of the company's bankruptcy case, one of its creditors demanded damages from the bankruptcy trustee. Inaction of the trustee became a justification - when it was necessary to challenge agreements on the withdrawal of ...

When will the affiliation of creditor not become a reason for canceling the transaction?

The Supreme Court of the Russian Federation considered the case on the complaint of one of the debtor's creditors, who was not satisfied with the decisions issued by the lower instances. The issue concerned the inclusion of debt secured by three pledge agreements in the register. The debtor's bankruptcy trustee, in turn, insisted on the invalidity of the agreements. The courts of all three instances supported the position of the bankruptcy trustee and rejected the claim for inclusion in the register...

Supreme Court of Russia indicated the case of abolition of subsidiary liability

The Economic Board of the Supreme Court of Russia considered a dispute on bringing the head of debtor to subsidiary liability. The reason was the failure to transfer the company's documentation to the bankruptcy trustee, which significantly hampered the latter's activities related ...

Supreme Court of Russia granted the right to challenge the dismissal in a year

The Supreme Court of Russia took the side of the employee in one of the labor disputes, as he turned out to be the least protected in comparison with the employer. The employee, by agreement with the management, was fired on his own free will, but continued ...

In what cases bankruptcy auction should not be canceled?

A case on challenging the results of the bankruptcy auction was referred to the district court. The Ministry of Defense insisted on the cancellation of the contract concluded with the winner and bilateral restitution. The lower courts took different positions, but the district court put an end to the case. The question concerned the insolvency case of a strategic enterprise. The applicant believed that the change of supplier under the contract was prohibited, and therefore the auction was invalid...

Supreme Court of Russia rejected the failed groom’s claim to recover money from his bride

... talk of any loans, and the conversation about returning the money arose after their romantic relationship had broken down. The lower courts considered the receipt of the funds by the defendant unjust enrichment and recovered the money. However, the Supreme Court of Russia pointed out the mistake made by its colleagues. The trio of judges drew attention to the fact that there were not any debt obligations between the parties. The plaintiff, transferring funds, knew to whom he was transferring money ...

Is it possible to challenge the set-off of claims in the debtor's contractual relationship?

The Supreme Court of the Russian Federation considered the case of challenging the agreements on set-off of claims that arose between the contractor and the customer. The courts of three instances considered this to be a preference, but the economic board did not come to such a conclusion. The initiator of the process was the bankruptcy trustee of the debtor company, which, in turn, performed contract work under the contract. As part of legal relations, just before the bankruptcy of the contractor...

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