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Bankruptcy trustee convinced the Supreme Court of Russia of fictitiousness of transaction due to data of the Federal Tax Service

... the availability of these documents, the courts consistently satisfied the stated claims. However, when the case reached the Supreme Court of Russia, things took a different turn. The Economic Board drew attention to the argument of a bankruptcy trustee of debtor, who, referring to the open data of the Federal Tax Service on the subcontractor company, argued ... ... trustee, which the Highest Court regarded as a violation of the Arbitration Procedure Code of the Russian Federation. Now the Arbitration Court of Moscow will have to reconsider the case with work on mistakes made by the colleagues ( decision № 305-ES21-4104 ...

Supreme Court of Russia clarified the features of enforcement immunity

... the debtor was transferred for consideration of the Supreme Court of the Russian Federation. The claim was initiated by the bankruptcy trustee, but not all judges supported him. Initially, the first instance and appeal instances rejected his claims,... ... invalid, since the house will still not be included into the bankruptcy estate. However, this position was not shared by the Supreme Court of Russia, which indicated that the rules on enforcement immunity do not exclude the possibility of deteriorating ...

THE SUPREME COURT OF RUSSIA: INTERIM MEASURES CANNOT BE LIFTED BY ARGUMENT OF INCONVENIENCE

... terminate the interim measures imposed on the property of his company. The courts of three instances satisfied the claim, but the Supreme Court of Russia pointed out the incorrect application of legal norms. The participant of the debtor in the framework ... ... of interests, since the seizure of property prevents the fulfillment of obligations to a third party not participating in the bankruptcy case. The court of appeal, supporting a colleague, noted that the debtor was a large taxpayer, owned a large number ...

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