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Bankruptcy trustee convinced the Supreme Court of Russia of fictitiousness of transaction due to data of the Federal Tax Service

... the availability of these documents, the courts consistently satisfied the stated claims. However, when the case reached the Supreme Court of Russia, things took a different turn. The Economic Board drew attention to the argument of a bankruptcy trustee ... ... trustee, which the Highest Court regarded as a violation of the Arbitration Procedure Code of the Russian Federation. Now the Arbitration Court of Moscow will have to reconsider the case with work on mistakes made by the colleagues ( decision № 305-ES21-4104 ...

Modified: 11.24.2021
Supreme Court of Russia , corporate bankruptcy , bankruptcy trustee , subcontracting , arbitration court , bankruptcy
Path: РусБанкрот - СМИ

Supreme Court of Russia clarified the features of enforcement immunity

... apply to real estate. According to the logic of the district court, there is no point in recognizing the donation agreement as invalid, since the house will still not be included into the bankruptcy estate. However, this position was not shared by the Supreme Court of Russia, which indicated that the rules on enforcement immunity do not exclude the possibility of deteriorating the living conditions of the debtor, and refusal from it should have real economic sense. The highest court noted that it was ...

Modified: 11.18.2021
Supreme Court of Russia , enforcement immunity , bankruptcy of a citizen , bankruptcy , arbitration court , challenging the transaction , only housing
Path: РусБанкрот - СМИ

THE SUPREME COURT OF RUSSIA: INTERIM MEASURES CANNOT BE LIFTED BY ARGUMENT OF INCONVENIENCE

The participant of the debtor in the framework of the insolvency case of the latter applied to the court with a demand to terminate the interim measures imposed on the property of his company. The courts of three instances satisfied the claim, but the Supreme Court of Russia pointed out the incorrect application of legal norms. The participant of the debtor in the framework of the insolvency case of the latter applied to the court with a demand to terminate the interim measures imposed on the property ...

Modified: 06.22.2021
arbitration court , Supreme Court of Russia , court , interim measures , company bankruptcy , debtor , creditor , bankruptcy
Path: РусБанкрот - СМИ
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