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

... Russia considered a case in which an individual applied to the Russian State Register with a complaint against the actions of a bankruptcy trustee. The state agency, in turn, initiated a case in court, demanding that the trustee should be brought to administrative ... ... 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 ...

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 was closed. However, this did not help - the debtor again ended up in bankruptcy proceedings. As part ...

Supreme Court Of Russia resolved the issue of challenging the settlement agreement in bankruptcy

The case was referred to the highest court on the complaint of a bankruptcy trustee, who was not satisfied with the ruling issued by the district court. By this ruling, the board canceled settlement ... ... arrears. At that moment the previous buyer entered the dispute, attempting to cancel the settlement agreement. However, the Supreme Court of the Russian Federation pointed out the fallacy of the arguments of colleagues from the district court, noting ...

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 exist, there was no debt to it. This position was supported by the judge of first instance, however, the appeal stated that since there was a concession of the demand, it ...

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

... court recognized the claims as justified and satisfied the claim. At the same time, already in the process of considering the bankruptcy case, the bankruptcy trustee of the debtor filed for an amended tax return. From the information provided by the Federal ... ... 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 ...

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

... Court of Russia put an end to the matter with the polarity of positions of the courts. As part of the debtor's insolvency, the bankruptcy trustee of the creditor filed a claim to include the restorative debt in the register of creditors’ claims. It was ... ... qualification of the debtor's financing as compensatory, and therefore such a claim should have been subordinated in the register. The Supreme Court of the Russian Federation canceled the decisions of the court of appeal and the district court and upheld the act ...

Supreme Court of Russia puts an end to the case on the subordination of the restitution claim

... by the first instance, but the court of appeal and the district court cancelled the order. Having considered the issue, the Supreme Court of the Russian Federation supported the position of the court of first instance. There was a dispute between the ... ... first instance took into account that the companies were affiliated and were subordinate to one beneficiary, while, despite the bankruptcy proceedings initiated against both companies, Rosalko subordinated the claims. The Court of Appeal, the position of ...

Supreme Court of Russia indicated criteria for challenging the debtor's transaction

... the case. A year before the initiation of insolvency proceedings and two years before the company was declared bankrupt and bankruptcy proceedings were opened, the future debtor and an individual signed a contract for the sale of a non-residential building.... ... of the contract, in the opinion of the servants of Themis and taking into account other circumstances, was not decisive. The Supreme Court of the Russian Federation came to the same conclusion, pointing out that the criterion for recognizing a transaction ...

Supreme Court of Russia pointed out the mistake of a trustee made during the enforcement of the pledge

As part of the company's insolvency case, the tax authority applied to court and filed a claim against the actions of a bankruptcy trustee. The applicant was dissatisfied by the fact that the anti-crisis manager, in his opinion, made a premature ... ... consistently rejected the claim, considering them unfounded. Then the representatives of the tax authorities applied to the Supreme Court of the Russian Federation, where the judicial acts were cancelled, and the dispute was sent for reconsideration....

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