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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 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 ...

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 ...

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 WILL SORT OUT THE CHALLENGE OF THE TRANSACTION TO REPAY THE FICTITIOUS DEBT

... off the latter's debt to the contractor. The courts of three instances refused to satisfy the claim, justifying such a decision by the fact that the reality of contractual legal relations was confirmed by the documents submitted to the case file. The Supreme Court of the Russian Federation, referring the case to the board, drew attention to the arguments of the cassator that the debt transfer agreement was concluded solely to create an artificial debt to give legitimacy to the withdrawal of the debtor's ...

THE SUPREME COURT WILL SORT OUT THE CHALLENGE OF TRANSACTIONS ON THE "DILUTION" OF SHARES

... The court of first instance granted the application, the higher courts canceled the ruling, refusing to satisfy the claim. The Supreme Court of the Russian Federation, referring the case to the board, noted that the value of participation in capital can ... ... the subsidiary from its use is included in the value of the enterprise as a property complex that can be realized during the bankruptcy procedure. Photo: Freepik

THE SUPREME COURT EXTENDS GUARANTEES OF THE RIGHTS OF SUBSIDIARY DEFENDANTS

... bringing the former director to subsidiary responsibility is being considered, therefore, the decision in the case of challenging the tax inspection act will affect the applicant's rights. The courts of three instances refused to satisfy the petition. The Supreme Court of the Russian Federation referred the dispute for a new consideration, noting that if the issue of the legality of the inspection's decision is resolved outside the framework of the bankruptcy case, the controlling person against whom a claim for subsidiary liability has been filed in accordance with the established procedure, the right to judicial protection should be granted to a similar extent. As specified, such a person has ...

THE SUPREME COURT REFUSED TO CHALLENGE THE TRANSACTION FOR THE ISSUANCE OF A PAID LOAN

... courts of two instances refused to satisfy the application, noting that the payments do not contain signs of invalid transactions. The cassation satisfied the manager's claim, considering that the disputed payments violated the rights of creditors. The Supreme Court, while upholding the judicial acts of the first and appellate instances, noted that the payments did not harm the bankruptcy estate, since the funds issued by the debtor as borrowed were returned by the defendant, which follows from the bank statement. Photo: Freepik

THE SUBSIDY FOR THE EX-TOPS OF THE "INVESTMENT BANK" WAS UPHELD BY THE SUPREME COURT

The former heads of the "Investment Bank" must pay about 50 billion rubles as subsidiary liability. Ten persons tried to appeal the earlier decision on this to the Supreme Court of the Russian Federation. However, Judge Ivan Razumov did not transfer their cassation complaints for consideration by the Economic Board. The corresponding Ruling (No. 305-ES14-7445) was issued on December 30. As part of the bankruptcy case of Investbank, which lost its license in December 2013 and received the status of an insolvent credit institution in March 2014, 19 people were involved in the subsidiary. The request for this was sent to the court by the state corporation ...

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