Search

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

The Highest court considered the case on the inclusion of the debt for the payment of a penalty for failure to fulfill the main obligation ... ... 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 ...

THE SUPREME COURT OF RUSSIA: THE DEBTOR HAS A RIGHT TO BANKRUPTCY EVEN IF HE IS GUILTY OF CRIME

... is a sanction for unlawful behavior and cannot be taken into account when determining the signs of insolvency. The District Court concluded that the applicant could apply for bankruptcy, regardless of the nature of the debt, but the insolvency procedure is not intended to unjustifiably avoid financial responsibility. Considering the complaint of a failed bankrupt debtor, the Supreme Court concluded that at the stage of filing an application, the arguments voiced by colleagues should not have been considered,...

THE SUPREME COURT OF RUSSIA LEGALIZED THE RIGHT OF BANKRUPTCY TRUSTEE TO KNOW THE RELATIVES OF PERSONS CONTROLLING THE DEBTOR

... bankruptcy case, the trustee independently applied to the registry office with an application to provide him with information about the close relatives of the two participants in the debtor’s case, but his application was rejected. After that, he applied to court with a request for a judicial claim for this information, but there did not meet with understanding as well. The position of the Supreme Court of Russia was as follows. The trustee is obliged to take measures to replenish the bankruptcy estate by law. This can be done, inter alia, by identifying the range of transactions, the completion of which caused damage to the property interests of creditors. At the same time, the bankruptcy law considers not only the persons directly ...

BANKRUPTCY DISCHARGE IS NOT ACCESSIBLE TO EVERYONE SUMMED UP THE SUPREME COURT OF RUSSIA

... consideration of the application expressed disagreement with the cancellation of the debt, citing the bad faith of the bankrupt. However, the courts did not see any grounds for a rejection and satisfied the trustee’s claim. The creditor complained to the Supreme Court of Russia, which supported him. The highest court recalled that the bankruptcy legislation established the good faith standard, which allows only an honest debtor to be released from debts. When determining the criteria for his good faith, one should take into account the unintentional fall into a difficult financial ...

THE SUPREME COURT HAS UPDATED THE EXPLANATIONS ON THE PAYMENT OF STATE DUTIES

... They started operating in 2024. The amount of a significant number of fees has been increased 10 times. In particular, the amount of state duties has increased when citizens apply for insolvency. Lawsuits that are considered within the framework of bankruptcy will also require payment of part of the standard fee. The Supreme Court of the Russian Federation has also declared obsolete some paragraphs in the rulings of the Supreme Arbitration Court of the Russian Federation, which were in force since the 1990s and 2000s. For example, paragraph 4 of paragraph 19 and paragraph 6 of paragraph 25 of the Resolution of the Plenum of the Supreme Arbitration Court of December 23, 2010 No. 63, which ...

THE SUPREME COURT SIDED WITH BANKRUPT AND DEFENDED MEMORIAL VALUE

... other day by the Judicial Board for Economic Disputes. The situation that developed during the bankruptcy case of Zhanna Karepanova (case №. А71-1097 / 2020) caused controversy among lawyers and ordinary people. According to experts, the decision of the Supreme Court may create a precedent in Russian law enforcement practice and affect not only the legal, but also the moral and ethical aspects of bankruptcy. The complaint of the financial manager Olesya Ogorodnikova against the court verdicts was considered on July 1.They did not want to exclude 1 million rubles of compensation, which was awarded for moral damage to a woman who lost her daughter as a result of murder in 2016, from the bankruptcy estate. The court ordered the ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE FEATURES OF BRINGING A HEAD OF COMPANY TO SUBSIDIARY LIABILITY

... pointing out that the director had unreasonably omitted to act when the company's financial burden was growing. However, the Supreme Court did not agree with this interpretation of the situation. The Economic Board recalled that the question of the validity ... ... conscientious head of company should first understand the situation, draw up a plan for overcoming a critical situation, and not declare bankruptcy of the company, not having time to take over his duties. In addition, the courts unreasonably did not take into account the circumstances testifying to the attempts of the former head of the debtor to ...

THE SUPREME COURT OF RUSSIA: CURRENT PAYMENT CAN BE DISPUTED IN THE PRESENCE OF TWO CIRCUMSTANCES

... preferential satisfaction of the claims of one creditor in relation to others. However, the Supreme Court disagreed with this position regarding one of the payments. The fact is... ... violation of the order of satisfaction of current payments by paying for his services; the bankruptcy estate was not enough to pay off other higher priority current payments.... ... Thus, the liquidator had to submit а confirmation of the creditor's bad faith to the court, namely his awareness of the violation of the order of satisfaction of claims...

THE SUPREME COURT SUPPORTED THE RELATIVES OF THE DECEASED DEBTOR

... from relatives, none of whom officially recognized as heirs, and the obligations themselves are insured. One of such cases the Supreme Court of the Russian Federation had to investigate recently. According to Rossiyskaya Gazeta, the trial was initiated ... ... having transferred the obligations on loans of the deceased citizen to the local collectors. The collectors, who applied to the court, mistakenly believing that the daughters became heirs and had to pay their mother's debts, lost the case. The primary instance ...

A REQUIREMENT NOT PROVIDED BY LAW DOES NOT EXCLUDE ITS SATISFACTION BY THE COURT

As part of the bankruptcy case (No. А43-27511/14), an application was filed to declare the ruling of the arbitration court unenforceable. Earlier, the court invalidated the transaction for the transfer of bills between the debtor and the applicant.... ... agree with him, which indicated that such requirements were not provided for by law and refused to satisfy the application. The Supreme Court of the Russian Federation referred the cassation appeal to the judicial board, noting that the repayment of a debt ...

Sorted by relevance | Sort by date