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

Not so long ago, the Supreme Court of the Russian Federation published a new Review of Judicial Practice concerning various areas 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 ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... Russia considered the case on the complaint of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with the applicant and satisfied the claim. Then the company, which received payment under the lease agreement, applied to the Supreme Court of Russia, which sided with it. The highest court reminded ...

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