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Supreme Court of Russia outlined the right of creditors to challenge the results of auction

... auction. The first-instance court upheld the claim and canceled the transaction. The court of appeal, however, found no violations, but the district court agreed with the court of first instance. When considering the case, the Economic Board of the Supreme Court of Russia noted that creditors had the right to challenge the results of the auction, but only if they affected their property interests. In the case under consideration, the price of the sold property was set according to its market value, the buyer paid the price, thereby ...

Supreme Court of Russia sided with the creditor in a situation of insufficient evidence

... of one of the debtor's creditors, whose claim to be included in the register of creditors’ claims was rejected by the lower courts. The reason for this was the lack of the documents, confirming the debt and submitted by the applicant. However, the Supreme Court of Russia indicated that in the case under consideration, the creditor could not have more documents, and the investigation of the issue of the presence of creditors and the size of their claims is the concern of a bankruptcy trustee. The fact is that we are talking about the bankruptcy of a financial organization ...

SUPREME COURT OF RUSSIA: WHAT ARE THE ACTIONS OF CREDITOR IN THE EVENT OF TERMINATION OF THE AGREEMENT WITH BANKRUPT

... buyer returns the goods and the seller returns the money. Consequently, up to this moment, the car cannot be included in the debtor's bankruptcy estate. In the case under consideration, when the debtor could not return the money paid for the goods, the Supreme Court of Russia offered the parties two options for getting out of the conflict: the creditor keeps the car, includes a claim for damages in the register of creditors’ claims, while their value is adjusted taking into account the value of the goods; the creditor transfers the car to the bankruptcy estate, in which case the former buyer ...

How the creditor’s inactivity affected the fate of debt in bankruptcy

Supreme Court of Russia considered a case in the framework of which one of the creditors made a request to include the claim based on a suretyship agreement and a judicial act in the register of creditors’ claims. The application was rejected by three instances, but the Supreme Court of the Russian Federation considered such a position ...

When will the affiliation of creditor not become a reason for canceling the transaction?

The Supreme Court of the Russian Federation considered the case on the complaint of one of the debtor's creditors, who was not satisfied with the decisions issued by the lower instances. The issue concerned the inclusion of debt secured by three pledge agreements in the register. The debtor's bankruptcy trustee, in turn, insisted on the invalidity of ...

Supreme Court of Russia indicated the case of abolition of subsidiary liability

... the company, who announced a five-million debt of the company to him as part of the obligation to pay dividends. The second creditor was the tax inspectorate, the debt to which was ten times less. However, the district court did not take the arguments ... ... appeal into account and upheld the decision of the court of first instance. When considering the case, the Economic Board of the Supreme Court of Russia supported the position of the court of appeal. The trio of judges noted that there was a corporate dispute ...

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

... they had received under the transaction to each other. The failed buyer fulfilled his obligations, the enforcement proceedings against 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 debt transferred to it was unreasonable. Despite this, the lower instances considered that the assignment ...

Supreme Court of Russia considered it unreasonable to involve a third-party organization in bidding

... 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 ... ... person involved in the auction had duly fulfilled his obligations, and that the auction was approved by the debtor's pledged creditor. However, the Supreme Court of the Russian Federation considered this position to be incorrect, outlining a number of ...

The Supreme Court of Russia named the terms of simplified bankruptcy proceedings

... he has the right to file a bankruptcy petition for his debtor without asking for the debt. The point in the case was put by Supreme Court of Russia, which noted that the rule providing banks with the opportunity to initiate bankruptcy of their debtors ... ... standard evidence, and the process of verifying their validity is not very difficult. Thus, when deciding whether to accept a creditor's claim for processing, the courts must establish whether it is based on a loan agreement with a bank. Consequently, ...

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