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THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER THE DISPUTE ON THE NEED FOR AN ARBITRATION MANAGER TO OBTAIN INSURANCE

... to satisfy the application due to the absence in his actions of a set of grounds for recognizing the actions (inactions) of the bankruptcy trustee of the debtor as illegal. Not agreeing with the judicial acts, the creditor filed a complaint with the Supreme Court of the Russian Federation. As arguments, the creditor refers to the fact that in order to remove the bankruptcy trustee due to his non-compliance with the requirements of the law, it is not necessary to establish the presence of guilt in ...

Supreme Court of the Russian Federation clarified what cannot be considered compensatory financing

... instances supported it, and the district court downgraded the debt in the registry, citing affiliation and, as a result, compensatory funding. The applicant did not agree with this position, which was the reason for the consideration of the case in the Supreme Court of the Russian Federation. The disputed debt was formed as part of the debtor's first bankruptcy case. Then the creditor announced his intention to pay off all the debts of the company, which he subsequently did, and the insolvency case ...

Supreme Court of the Russian Federation specified how to deal with the claims of an affiliated creditor

... the complaint of a creditor, whose claims were subordinated by the district court. In the first two instances, the claims were included in the register of creditors’ claims without subordination, as the courts found no grounds for it. However, the Supreme Court of the Russian Federation did not agree with any of the colleagues and made a decision to reconsider the case. The essence of the dispute boiled down to the inclusion of debt in the register of creditors’ claims. The debt was formed as ...

Supreme Court of the Russian Federation indicated mistakes when liquidating a creditor

... company which was subsequently liquidated. The court of first instance and the district court considered the liquidation of company to be a sufficient ground for excluding the debt from the register of creditors’ claims, but the court of appeal and the Supreme Court of the Russian Federation did not agree with this position. The application to remove the claim of liquidated creditor from the register was initiated by the bankruptcy trustee of the debtor, who considered that since the company did not ...

CREDITORS WILL BE ABLE TO DECIDE THE FATE OF THE PARTIALLY PAID FOR BANKRUPT GOODS

This conclusion was reached by the Supreme Court of the Russian Federation following the consideration of one of the recent disputes (case no. A40-76280/21). A supply contract was concluded between the plaintiff and the defendant, under the terms of which the latter undertook to install ...

Supreme Court of Russia allowed the introduction of a flexible bankruptcy moratorium

... for the introduction of a government measure. The idea was approved by the tax authorities, but has not yet been implemented. Currently, only the debtor has the option to opt out of the protection afforded by the six-month government moratorium. The Supreme Court of the Russian Federation, in turn, spoke in favor of the introduction of the so-called "flexible mechanism" for the operation of the norm. This will ensure its application to persons who have actually suffered and are in need ...

Supreme Court of Russia clarified when the claims of a creditor cannot be included in the register of claims

... company. The court of appeal and the district court disagreed with such a conclusion, stating that at the time the purchases were made, the debtor's position was stable and the cession protected the debtor's main asset - a real estate object. However, the Supreme Court of the Russian Federation supported the opinion of the court of first instance, pointing out that in a situation of affiliation of companies, as well as the use of joint funds not for the purpose of repaying debts, but for purchasing the ...

Supreme Court of Russia resolved the issue with the arrested property of debtor

... jurisdiction from the bankruptcy estate. The claim was satisfied by the court of first instance. However, the court of appeal and the district court, cancelled the decision, referring to the fact that the property did not belong to the creditor. The Supreme Court of the Russian Federation supported the decision of the court of first instance, substantiating this by the principle of binding judicial acts. The issue of legal uncertainty around the property of the debtor-company arose against the background ...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

... appeal and the district court refused to consider the tax authorities’ complaint, citing the fact that the procedural deadline was missed and the possibility of obtaining information about the court case and the decision from open sources. However, the Supreme Court of the Russian Federation demanded to reconsider the issue, pointing out that at the time of the decision, as well as its entry into force, the tax authorities had no grounds to challenge the judicial act. However, they arose after the submission ...

Should Russian State Register consider a complaint of a deceased person against a bankruptcy trustee?

... in connection with the death of the latter, and also relying on the fact that no evidence was presented of the interest of the deceased in the outcome of the bankruptcy case. As for the indication of this circumstance in the decisions of courts, the Supreme Court of the Russian Federation did not consider this a violation of any public interests, and therefore refused to transfer the complaint to the presidium ( decision № 310-ES22-5156 of April 15, 2022).

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