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

... by the debtor in the LLC. Approving the provision, the courts of three instances proceeded from the fact that in the event of bankruptcy of a participant in a limited liability company, other participants in this company cannot be deprived of the pre-emptive ... ... 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 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 ...

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 WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

In the framework of the bankruptcy case (No. A21-8559/16), the manager filed an application for recovery from the applicant (FTS) of the costs of the ... ... satisfied the requirements, however, the higher courts, not agreeing with the definition, refused to satisfy the application. The Supreme Court of the Russian Federation, referring the complaint to the board, noted that the conclusions of the courts on the ...

FIGHT BANKRUPTCY. "MUSHROOMS OF BELOGORYE" REACHED THE SUPREME COURT

With a complaint against the verdict of the Belgorod arbitration, the company "Mushrooms of Belogorye" appealed to the Supreme Court. The firm does not abandon attempts to appeal the decision of the first instance, which introduced the bankruptcy procedure at the enterprise. This happened in the spring of 2022 on the initiative of Sberbank. In the fall of 2022, Rusbankrot covered the situation related to the Belgorod producer of champignons. It was then that the company, which owed ...

THE SUPREME COURT DEALT WITH THE AMOUNT OF THE SUBSIDY FOR FAILURE TO FILE A BANKRUPTCY APPLICATION

... indicating as a basis that the defendant had failed to file for bankruptcy of the company. Following the results of the new review, the courts granted the application, pointing out that the defendant had not fulfilled the obligation to file the debtor's bankruptcy application in a timely manner. The Supreme Court of the Russian Federation canceled judicial acts, refusing to satisfy the claim on the basis of the following: The obligations under which the defendant was held accountable by the courts arose before the date of his appointment to the position ...

THE SUPREME COURT EXPLAINED THE TAX NUANCES OF BANKRUPTCY OF THE HEREDITARY MASS

... dispose of this property, these powers are transferred to the debtor's financial manager. Since tax liabilities arose after the initiation of bankruptcy proceedings, these payments are current, and their satisfaction must be made at the expense of the bankruptcy estate. Thus, the Supreme Court of the Russian Federation canceled the acts, sending the case for a new hearing to the court of appeal. Photo: Freepik

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