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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 ...

Supreme Court of Russia indicated the debtor's right to receive full amount of retirement benefits

The Supreme Court considered the case on the complaint of the Pension Fund against the decisions of other instances. The question concerned the payment of the pension, which was transferred to the debtor, but the bankruptcy trustee considered that it should have been returned to a special account and included in the bankruptcy estate. The lower courts agreed on his arguments, but the Supreme Court of Russia expressed a different position. The judges of the first instance, the appeal instance instance and the district court considered that in the case under consideration, the provisions of bankruptcy legislation had priority over other ...

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 and the district court sent the case for reconsideration, with which the Supreme Court of Russia did not agree with such a decision....

SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT

... could not have known about the insolvency of the latter. Moreover, at the time of signing the agreement, the debtor himself did not yet have signs of insolvency. In this case, the transaction itself was made with an equivalent counter provision. The Supreme Court of Russia did not agree with such conclusions. Its board recalled that the building of the shopping center, which the debtor had rented out for several years before the bankruptcy, was the main asset. Until the initiation of the insolvency case, all actions on the lease legal relationship were performed by the debtor independently. The agency agreement was concluded ...

THE SUPREME COURT OF RUSSIA WILL CONSIDER A CASE ON THE DISPUTE ABOUT THE DEBTOR'S PROPERTY AFTER HIS DEATH

The case on the complaint of the heiress of the deceased debtor was transferred to the judicial board of the Supreme Court of Russia. The woman demanded that the courts exclude 1/3 of the apartment's share from the bankruptcy estate, but her claim was rejected. The situation began as an ordinary bankruptcy of an individual, who, among other things, owned a ...

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

The Economic Board of the Supreme Court of Russia considered a dispute on bringing the head of debtor to subsidiary liability. The reason was the failure to transfer the company's documentation to the bankruptcy trustee, which significantly hampered the latter's activities related to the bankruptcy process. The court of first instance satisfied ...

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

... 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. In the course of ...

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

... contract for the sale and purchase of a car, which was signed during a period of suspicion on conditions unfavorable for the debtor. The agreement was declared invalid by the court, and the parties were obliged to return what they had received under the ... ... 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 ...

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 took place and was documented, which meant that there were grounds for including the...

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

... noted that when considering the issue of attracting a third-party organization to the auction, the courts should establish the legality of such an action, as well as the reasonableness of the amount of remuneration established for it. In addition, the Supreme Court of Russia drew attention to the fact of possible affiliation of the company that held the auction with a person who previously was the bankruptcy trustee of a debtor. This fact was not challenged in the course of the court hearings, but was not taken into account by the judges of lower instances. As a result of the consideration of the case, the application for recognition of the agreement concluded with a ...

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