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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 vehicles belonged to the debtor, but his head, did not transfer them to the bankruptcy...

Supreme Court of Russia clarified how to identify an invalid creditor

... debt was based on an assignment agreement, as well as on a cash receipt, according to which the assignor transferred the funds to the bankrupt company. The courts of three instances did not see the problem and the claim was satisfied, however, the Supreme Court of Russia drew attention to the importance of a detailed examination of each statement of the creditor in order to determine the validity of his claims. In particular, the economic board noted that the fact of transferring funds to the debtor ...

Supreme Court of Russia supported the position of colleagues on the invalidity of a deed of gift

... case and at the time of signing the agreement, the debtor had already had multimillion-dollar obligations to the bank, but under a surety agreement. The main borrower was the company controlled by the future bankrupt. Considering the complaint, the Supreme Court of Russia recalled that the recognition of an agreement on the deed of gift as invalid is possible if three conditions are met: causing property damage to creditors; the existence of the debtor's purpose for such damage ; awareness of the ...

Supreme Court of Russia deprived bankruptcy trustee of remuneration due to bad faith

... which was calculated according to the results of the sale of property at auction. The application was rejected by the first instance, however, the appeal and district courts canceled the judicial act, and the claims of the trustee were satisfied. The Supreme Court of Russia figured out the issue and rejected his claim, citing dishonest behavior. The fact is that the auction held by the trustee manager was controversial. In the process of considering the insolvency case, four creditors with a total ...

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

... the instance of appeal pointed out that the applicant's claim was acquired on the basis of a loan agreement, which means that 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 was due to the fact that these requirements, as a rule, are confirmed by standard evidence, and the process of verifying their ...

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

... 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 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. ...

Supreme Court of Russia clarified the features of termination of pledge in bankruptcy

Economic Board of the supreme court of Russia considered the case on the complaint of a bankruptcy trustee of the debtor, who expressed disagreement with the position of the lower courts. The question concerned the pledged property, which the trustee intended to sell at the ...

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....

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 ...

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