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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 ...

Supreme Court of Russia determined the time period for consideration of claims on invalid transaction

... him were terminated, after which he applied to the court with a demand to include the debt to him in the register of creditors’ claims. The courts of three instances consistently satisfied the claim, but such a decision turned out to be erroneous. The Supreme Court of Russia recalled that a claim on a recognized transaction is considered to be declared on time if it has been failed within two months after the entry of a judicial act declaring the transaction invalid into force, which was not done. ...

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 considered it unreasonable to involve a third-party organization in bidding

The Economic Board considered the case on the complaint of a bankruptcy trustee and creditors of the debtor, who opposed the agreement concluded with a third-party organization on holding ... ... due to it. The cases were combined into one procedure, the fate of which changed dramatically after being considered by the Supreme Court of Russia. Prior to that, all three instances unanimously supported the company holding the auction and satisfied ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

The claim to attract the person controlling debtor to the subsidiary liability was referred to the Economic Board of the Supreme Court of Russia at the request of the manager. The court of first instance terminated the proceedings, but the appeal ... ... Board pointed out that it was not possible to re-consider the claim. The fact is that there were two claims for the debtor's bankruptcy and, as a consequence, for the subsidiary liability of the persons controlling him. In the first case, the court rejected ...

SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT

Within the framework of the insolvency case, the bankruptcy trustee of the debtor tried to challenge the agency agreement concluded between the potential bankrupt and a third ... ... immediately after the initiation of the principal's insolvency case. The opinions of the courts on this issue were different, but the Supreme Court of Russia put an end to it. When considering the application in the court of first instance, the position of the ...

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

... terminate the interim measures imposed on the 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 participant of the debtor in the framework ... ... of interests, since the seizure of 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 was a large taxpayer, owned a large number ...

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

... the agreements on set-off of claims that arose between the contractor and the customer. The courts of three instances 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, just before the bankruptcy of the contractor, the parties signed a number of documents providing for the offset of counterclaims....

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