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THE SUPREME COURT HAS SET THE TIME FOR THE PAYMENT OF TAXES BY THE COLLATERAL CREDITOR

The Supreme Court of the Russian Federation considered two lawsuits related to the issue of priority payment of taxes on mortgaged property. The determination of the point of time after which taxes should begin to be calculated continues to cause controversy ...

Supreme Court of Russia explained how to identify a fake creditor

The bankruptcy case of RealtService (А40-267855 / 2018), which experts got interested in last year, reached the Supreme Court. The reason for the interest was the amount of 252 million rubles - it was demanded from the bankrupt company by the Tver firm ‘Vesna’ on the basis of a cession. First, the Moscow Arbitration Court satisfied the firm's claim by a ruling ...

BANKRUPTCY DOES NOT CANCEL THE OBLIGATION TO PRESERVE THE DEVELOPMENT OF MINERAL RESOURCES

... conservation of the facility (mining) within six months from the date of entry into force of the court decision. In refusing to satisfy the claims, the courts of three instances proceeded from the Ministry's omission of the 3-year limitation period. The Supreme Court of the Russian Federation sent the case for reconsideration and noted the following: • The obligation to liquidate or preserve a subsurface use object remains with the subsurface user until full execution (including in case of early termination ...

IF THE CREDITOR'S CLAIM IS JUSTIFIED, ITS REPAYMENT DOES NOT ENTAIL UNJUSTIFIED ENRICHMENT

... the claim, noting that the funds were received on the basis of a subsequently canceled judicial act on the inclusion of the claim in the register, therefore, the amounts received are unjustified payments subject to return to the bankruptcy estate. The Supreme Court referred the defendant's complaint to the board, emphasizing the following: "The defendant insists that when reviewing the judicial ruling on the inclusion of his claim in the register, the validity of the debt was not questioned, according ...

THE EXISTENCE OF A BANKRUPTCY CASE DOES NOT INDICATE THAT THE COUNTERPARTY IS AWARE OF THE INSOLVENCY

The Supreme Court of the Russian Federation annulled the judicial acts of lower instances and refused to satisfy the claim for the recovery of interest for the use of other people's money. The manager of the company, in respect of which the bankruptcy proceedings ...

CREDITORS MAY BE CHARGED LOSSES FOR AN UNPROFITABLE BANKRUPT TRANSACTION

Losses for a transaction involving a recognized insolvent enterprise can be collected not only from its bankruptcy trustee, but also from creditors who approved it. The corresponding definition is contained on the website of the Supreme Court of Russia. The court came to such conclusions during the bankruptcy proceedings of the Vyborg Timber Corporation, which belonged to Vyborg Ltd. The bank "Tavrichesky" was chosen as one of the creditors. In 2018, the company was ...

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