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Supreme Court of Russia specified when the FAS cannot intervene in bankruptcy auctions

... an unlawful requirement. The board of the court of appeal, on the contrary, found that the antimonopoly body did not have such powers. The district court, however, agreed with the first instance, after which the applicant filed a complaint with the Supreme Court of Russia. The Economic Board noted that bankruptcy auctions do not pursue the goal of developing competition. Therefore, the participation of the FAS may become an obstacle to the timely satisfaction of the interests of the debtor's creditors. The legality of holding such auctions is controlled ...

Supreme Court of Russia indicated when the bankruptcy trustee is guilty of not challenging transactions

... were introduced against the company, another person, who had the procedural opportunity to challenge the transaction, was appointed to the position of the bankruptcy trustee. This fact confused the lower courts. The issue was finally resolved by the Supreme Court of Russia. As part of the company's bankruptcy case, one of its creditors demanded damages from the bankruptcy trustee. Inaction of the trustee became a justification - when it was necessary to challenge agreements on the withdrawal of the debtor's assets from the bankruptcy estate, he ...

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

The highest court considered the case, in the framework of which the debtor citizen was tried to be declared insolvent. The courts of lower 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...

Supreme Court of Russia clarified who should be responsible for labor obligations in bankruptcy

... by them. An important aspect is the mention of the statute of limitations for prosecution in the field of labor law. A person who no longer holds the relevant position may be involved in this category of cases during the year. The situation with the bankruptcy of the employer looks slightly different. The Supreme Court of Russia explained that in the event of initiation of insolvency procedures against the employer, his (her) bankruptcy trustee will be the subject of the offense. It can be an external, bankruptcy or financial manager in a situation where ...

Supreme Court of Russia clarified the application of the law on holding bankruptcy trustees accountable

The Supreme Court of Russia clarified the issue of the admissibility of bringing bankruptcy trustees to administrative responsibility in a situation where they violate the procedure for distributing funds received from the sale of the subject of pledge. The legal position on this matter was consolidated in the ruling of the highest ...

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

... 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 of the bank boiled down to the fact that the lower authorities interpreted the bankruptcy legislation incorrectly, which allowed credit institutions to initiate the process of insolvency of their debtors without arrears. The ...

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

... settlements, as well as the letters with a request to issue passes for employees of the subcontractor were presented. Based on 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 of debtor, who, referring to the open data of the Federal Tax Service on the subcontractor company, argued that the contractor was actually unable to perform the work. The fact was that the information provided contained information ...

Supreme Court of Russia deprived bankruptcy trustee of remuneration due to bad faith

... the court of first instance rejected the claims, citing his unfair behavior. However, the appeal and the district court did not support this position, considering that there were no violations in the actions of the trustee. The panel of judges of the Supreme Court of Russia supported the position stated in the first instance, indicating that the bankruptcy trustee, due to the nature of his activities, must remain impartial and strive to maintain a balance of interests of all parties to the bankruptcy case ( decision № 305-ES21-10040 of 14 October 2021).

Supreme Court of Russia allowed bankruptcy trustee request information about the assets of bankrupt’s children

The question of the ability of bankruptcy trustee to make inquiries and receive information about the property of the descendants of a bankrupt citizen was considered by the Supreme Court. The initiator in the case was Sergei Gulyaev, who had previously gone through all judicial instances,...

Supreme Court of Russia explained how to deal with leasing in case of bankruptcy

... of law, including insolvency cases. Specifically in this document, the highest court paid attention to leasing agreements and the specifics of working with them in the event of bankruptcy of one of the parties. A number of important theses of the Supreme Court of Russia are collected in this material. If a bankruptcy procedure has been introduced against the lessee, the lessor has the right to submit an independent claim to terminate the contract and receive the leased asset outside the bankruptcy case ( clause 33 of the Review ). When considering the issue,...

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