Search

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 ...

Where should a shareholder apply to in case of bankruptcy of a developer?

... apply to the bankruptcy trustee with a similar claim, which was not done. At the same time, the claim itself was based on an equity participation agreement, under which the creditor was to receive non-residential premises with an area of 71.5sq.m. The Supreme Court of the Russian Federation recalled that the Insolvency Law does indeed provide for the procedure, mentioned by the courts - for equity holders to apply first to the trustee, and in the event of disagreements, to the court. However, in such ...

Supreme Court of Russia indicated the right of a party to refuse the complaint

... considered the case within the framework of the insolvency of a legal entity. The bankruptcy of the company ended with the conclusion of a settlement agreement, the decision on the approval of which the bank tried to challenge. Having reached the Supreme Court of the Russian Federation, the appealer decided to drop the complaint, but two other participants in the process disagreed with this. When considering the cassation appeal, the Supreme Court of the Russian Federation received a petition ...

Sorted by relevance | Sort by date