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Supreme Court of Russia outlined who has the right to initiate simplified bankruptcy procedures

... instances considered that in the procedure used by the applicant it was illegal, however, the economic board recalled the peculiarities of legal relations. We are talking about an assignment agreement, under which the previous creditor of a citizen (a bank) sold the debt to him to another company. This company, due to the citizen's default on the loan, turned to the latter with a demand to repay the debt. Due to the fact that this did not happen, the assignee applied to the court to declare the individual ...

Supreme Court of Russia considered the case of a deposit disappeared from Sberbank

... argue that the plaintiff had still withdrawn the money. At the same time, the credit institution could not submit paper documents indicating the closure of the deposit, citing a five-year storage period. When the case was sent for consideration of the Supreme Court of Russia, the plaintiff's party referred to the fact that the applicant had only a certificate of the existence of valid accounts, as well as a certificate of the operation performed. Both documents were issued by the bank, and the woman had no idea that they had been issued incorrectly. Then the Supreme Court asked the bank if it had an expense cash order at its disposal, confirming the fact that the client had been given funds, but the document was not found. In ...

Supreme Court of Russia considered the case of the ‘protective’ tariffs of bank

... acase on the complaint of the company, which considered the bank's collection of a commission for a non-cash transfer of funds against individuals to be unjustified enrichment. At the same time, the lower courts consistently rejected the claim, but Supreme Court of Russia looked at the situation differently. The reason for the dispute was the fact that the All-Russian Bank for the Development of Regions was collecting a commission for transferring money from the account of EKOIL LLC to two individuals under loan agreements previously concluded with them. The commission amounted to 9% of the total amount and in monetary ...

Supreme Court of Russia will clarify the procedure for initiation of bankruptcy of an individual by bank

... in the court of first instance, the potential debtor filed an application to terminate the proceedings on the claim, and the judge satisfied his request. The district court and the court of appeal supported the decision of judge. Despite this, the bank made a decision to fight and filed a complaint with the Supreme Court of Russia. The position of the lower courts was that the claims made by the bank were not indisputable, and there was a disagreement between the parties about the right, which should have been resolved outside the bankruptcy case. The opinion ...

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