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SUPREME COURT OF RUSSIA: CREDITOR MAY MISS THE STATUE OF LIMITATIONS OF PENALTY PAYMENT IN BANKRUPTCY

... considered that the calculation of the period during which the forwarder was entitled to claim for a penalty should be calculated from the moment of filing a claim for the recovery of the main debt, in which case the period has long passed. However, the Supreme Court has rejected this position, pointing out that in this case, the special provision of the Law on Freight Forwarding Activities is not applicable. The Economic Board recalled that according to the Article 207 of the Civil Code of the Russian ...

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

The Economic Board of the Supreme Court of the Russian Federation considered the case at the request of a bankruptcy trustee. He demanded that the transaction must be invalidated by offsetting similar claims, and the parties to the agreement were the contractor (bankrupt company) and the customer. The courts of three instances sided with the applicant, ...

The Supreme Court of Russia canceled the conclusion of amicable agreement due to the negligence of judges

The Economic Board of the Supreme Court of Russia considered the case on the complaint of the creditor (bank), which challenged the conclusion of an amicable ... ... violations of the applicant's rights, but the Supreme Court sided with the bank. The dispute arose against the background of the bankruptcy of an individual. The debtor citizen was a member of the company with 100% of the shares, which was sold by him to ...

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