Search

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

The Supreme Court of Russia considered a case in which one of the potential buyers of the debtor's property made a decision to complain to the Federal Antimonopoly Service. The applicant was not satisfied with the fact that the bankruptcy trustee did not allow him to participate in bidding, referring to the failure to provide the necessary documentation. The lower courts took opposite positions, but the Supreme Court of the Russian Federation put an end to the issue. The ...

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 resolved the dispute with the executive immunity of debtor

The Supreme Court of Russia considered the case on the complaint of a bankruptcy creditor of debtor. The applicant expressed disagreement with the position of the lower courts, which excluded the bankrupt's expensive real estate from the bankruptcy estate: it was a house with an area of over 300 sq.m., as well as the ...

Supreme Court of Russia explained what to do with a pledge lender who failed to file the claims in time

The Economic Board of the Supreme Court of Russia considered the case on the complaint of the debtor, who remained dissatisfied with the result of the decisions ... ... latter received money from the creditor. Subsequently, the debtor (individual) applied to the court with a petition for his own bankruptcy, indicating the debt to the pledge lender. Bankruptcy trustee sent a notice about the commencement of the insolvency ...

Supreme Court of Russia supported the position of colleagues on the invalidity of a deed of gift

... such circumstances, the agreement should be recognized as an invalid transaction and the property should be returned to the bankruptcy estate, but this position was not supported by the district court. Its board noted that the debtor did not have the ... ... under a surety agreement. The main borrower was the company controlled by the future bankrupt. Considering the complaint, the Supreme Court of Russia recalled that the recognition of an agreement on the deed of gift as invalid is possible if three conditions ...

Supreme Court of Russia clarified the features of enforcement immunity

... the debtor was transferred for consideration of the Supreme Court of the Russian Federation. The claim was initiated by the bankruptcy trustee, but not all judges supported him. Initially, the first instance and appeal instances rejected his claims,... ... 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 ...

Supreme Court of Russia resolved the dispute with the missing cars of debtor

The Supreme Court of Russia considered the case of the debtor's property, which, according to him, was out of his possession. However, the creditor was sure that it was simply hidden away in order to be withdrawn from the bankruptcy estate. Within the framework of the bankruptcy case of an individual, the question about the whereabouts of three vehicles that had been registered at the debtor’s possession arose. The latter explained that long before the insolvency proceedings ...

Sorted by relevance | Sort by date