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THE SUPREME COURT SUPPORTED THE PLAINTIFF IN THE DISPUTE OVER THE SUBSIDY OUTSIDE BANKRUPTCY

... November of the same year, production was discontinued. The reason was the company's lack of assets that allow it to carry out bankruptcy proceedings. The woman tried to recover damages from the beneficiary of the company, Konstantin Li (case no. A59-576/2022).... ... possible violation of the statute of limitations was indicated in the defendant's statement. Su Kim filed a complaint with the Supreme Court of the Russian Federation. In it, she described the specifics of the company's work, which did not receive cash ...

THE SUPREME COURT HAS DEFENDED THE INTERESTS OF THE CHILDREN OF THE DECEASED BANKRUPT

... and a number of articles of the Civil Code of the Russian Federation. Since both heirs were registered in the mother's apartment (with an area of 29.1 sq. m.), the courts applied the rules of executive immunity, including the father's housing in the bankruptcy estate. On June 27, 2024, the Supreme Court announced its verdict on the complaint. The Economic Board pointed out that the registration of the deceased's children in their mother's apartment is an administrative status, not property rights. The judges referred to the constitutional ...

THE SUPREME COURT WILL LOOK INTO THE PRE-EMPTIVE RIGHT OF THE CORPORATION'S PARTICIPANTS IN THE BANKRUPTCY OF A PARTICIPANT

... deprived of the pre-emptive right to purchase a share belonging to an insolvent person. The courts considered that when selling a bankrupt debtor's share in the authorized capital of the company, the legal approach set out in the resolution of the Constitutional ... ... practice of exercising the pre-emptive right to purchase when selling a share in the right of common ownership, is applicable. The Supreme Court of the Russian Federation referred the complaint of the manager to the board for consideration and pointed out that ...

THE SUPREME COURT HAS PROTECTED THE WIFE WHO WENT BANKRUPT FROM THE FINANCIAL DEMANDS OF THE EX-SPOUSE

... (including obligations to the credit institution) had been completely written off. However, the court considered otherwise. The judge considered the write-offs to be periodic current payments. He recovered the declared amount from Tatiana N., despite her bankruptcy, which ended on May 25, 2022. The verdict of the court was subsequently supported by the appellate and cassation instances. The Supreme Court of the Russian Federation, where Tatyana N. complained, drew the attention of the participants in the litigation to paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 63. It states that current ...

THE SUPREME COURT WILL CONTINUE TO LOOK INTO THE RATIO OF COLLATERAL AND TAX CLAIMS IN BANKRUPTCY

... determining the procedure for repayment of debts on mandatory payments that arose as a result of the continuation of the debtor's business activities, in priority order to repay the claims of the collateral creditor in the period after the commencement of bankruptcy proceedings. The rest of the claims were denied. The higher courts attributed the requirements of the Federal Tax Service to the priority order in full. The Supreme Court (SC) referred the complaints of the governor and the bank to the board, noting that, contrary to the arguments of the authorized body and the conclusions of the courts, the bank was not a beneficiary from the continuation of the production ...

IGNORANCE OF THE LAW FREED THE BANKRUPT FROM RESPONSIBILITY IN THE SUPREME COURT

... court, which received the complaint, decided the case differently. The cassation considered that the pensioner hid the property, evaded the payment of the debt and disposed of the money independently, without having the authority to do so during the bankruptcy proceedings. The woman had to complain to the Supreme Court. The economic board, having studied the woman's arguments, found them quite convincing. Volkonskaya told the court that she did not try to evade her obligations, and also did not live in a big way. She spent her savings on maintaining her ...

THE SUPREME COURT EXPLAINED THE PROCEDURE FOR CHALLENGING THE TRANSACTIONS OF THE DECEASED IN BANKRUPTCY

On March 23, a meeting of the Judicial Board of the Supreme Court of the Russian Federation on economic Disputes in the bankruptcy case of the Kraft Group company (No. A40-151643/2020) was held. A complaint against the decision of three judicial instances was filed by the bankruptcy trustee Vyacheslav Bashmakov. It was about challenging the transfer of funds that the organization ...

THE SUPREME COURT WILL CONSIDER THE LIMITS OF THE GUARANTOR'S FORMALISM IN THE BANKRUPTCY OF THE PRINCIPAL

... prosecuted by that time (he was under arrest and was disqualified by the court), and the Stroy Group company itself went into bankruptcy. AHK's attempts to convince the bank did not lead to anything. Sberbank did not want to take into account the state ... ... one of the conditions in the bank guarantee agreement. AHK Sukhoi became a part of PJSC UAC in June 2022. Her appeal to the Supreme Court of the Russian Federation with a complaint seemed interesting to Judge Natalia Pavlova. On March 22, she issued ...

THE SUPREME COURT CALLED ON THE COURTS TO STUDY ALIMONY IN BANKRUPTCY IN MORE DETAIL

In the framework of the bankruptcy case, the debtor's financial manager appealed to the court with an application to challenge the debtor's transfers ... ... the purpose of their commission was to cause harm to creditors. The courts of three instances granted the application. The Supreme Court of the Russian Federation refused to transfer the complaint to the board for consideration. After determining the ...

THE SUPREME COURT ALLOWED TO BANKRUPT FOREIGN FIRMS IN RUSSIA

... register. An attempt to appeal the decision in appeal, and then in cassation, did not affect the course of the process. Opinions on this issue are divided among lawyers. Considering that judicial practice has not yet developed a unified approach to bankruptcy claims, where the defendant is a foreign element, many experts spoke in favor of the cancellation of such a verdict by the Supreme Court. Apparently, Igor Grechanik (the sole owner of the company and a Russian citizen), who filed a complaint with the Armed Forces of the Russian Federation, counted on this outcome of the case. However, his application was refused. Judge Samuilov,...

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