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

... for the legal clarifications in the field of labor law. The document deals with the peculiarities of the application by the courts of general jurisdiction of two articles - 5.27 and 5.27.1 of the Administrative Code. Both norms are related to violations ... ... 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 ...

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, trying to oblige Russian State Register employees to obtain the relevant data through arbitration. In case No. А56-6326 / 2018, Sergey Rassvetov ...

Supreme Court of Russia indicated when it is possible to reclaim the debtor's property from his head

The Economic Board considered the case on the application of a bankruptcy trustee to reclaim the vehicles belonging to the company from the former head of debtor. The courts of three instances took the side of the anti-crisis manager. However, the Supreme Court of the Russian Federation identified the mistake made and sent the dispute for reconsideration. The trustee’s arguments boiled down to the fact that the ...

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 land plot on which it was located. The process was initiated by the debtor himself, who, referring ...

Supreme Court of Russia indicated on what grounds it is impossible to impose subsidiary liability

... court of Russia considered the case on bringing one of the persons controlling the debtor-bank to subsidiary liability. The bankruptcy trustee insisted that the defendant had approved transactions that ruined the bank, and had not taken measures to improve financial situation in the credit institution. The courts of three instances unanimously upheld the applicant's position and satisfied the claim. Then the defendant applied to the Supreme Court of Russia, where he was supported. The Economic Board listened to the arguments of the initiator of the complaint,...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the controversial agreement, which means that the ...

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 ... ... 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... ... After the prosecutor's refusal to initiate a case, the creditor challenged this act in court, but three instances in a row sided with the supervisory authority. The situation...

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

... 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 applicant's... ... him from carrying out the economic activities. When satisfying the application, the court of first instance referred to the violation of the balance of interests, since... ... property prevents the fulfillment of obligations to a third party not participating in the bankruptcy case. The court of appeal, supporting a colleague, noted that the debtor...

Is it possible to challenge the set-off of claims in the debtor's contractual relationship?

The Supreme Court of the Russian Federation considered the case of challenging the agreements on set-off of claims that arose between the ... ... considered this to be a preference, but the economic board did not come to such a conclusion. The initiator of the process was the bankruptcy trustee of the debtor company, which, in turn, performed contract work under the contract. As part of legal relations,...

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