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Supreme Court of Russia resolved the issue of initiating bankruptcy due to deed of assignment

... was that the applicant had no outstanding debt, and three lower authorities considered that it was not possible to initiate proceedings way without it. Initially, the debtor's overdue obligation to the bank arose, and the bank subsequently signed an assignment agreement with an ordinary legal entity. It was the fact that the applicant did not have a banking license, which confused the lower authorities, and they stopped the proceedings. However, the Supreme Court of the Russian Federation took a ...

Modified: 01.20.2022
bankruptcy , Supreme Court of the Russian Federation , assignment agreement , loan agreement , assignor , assignee
Path: РусБанкрот - СМИ

THE COURT SET OUT THE RIGHT TO PROCEDURAL SUCCESSION OF INSIGNIFICANT DEBT

... was no economic feasibility in the transaction for the applicant, but the district court did not support this opinion. Initially, there was a controversial debt to the tax inspectorate, but later it was paid off by an individual (assignor under an assignment agreement). After a while, the debt was again assigned to the applicant on a cassation appeal. For the purposes of procedural succession, the man presented an assignment agreement, as well as a receipt, according to which the debt was redeemed....

Modified: 06.29.2021
district court , court , corporate bankruptcy , assignment agreement , assignor , assignee , procedural succession , bankruptcy
Path: РусБанкрот - СМИ

DISTRICT COURT FOUND NO VIOLATIONS IN THE INCREASED PRICE OF DEBT REDEMPTION

In early May, the Court of Arbitration of the Urals District considered the case at the request of one of the creditors. The initiator of the process applied to the court for procedural succession under the assignment agreement between him and the previous creditor of the debtor. Initially, the claim in question arose at the Federal Tax Service, after which it was extinguished by an individual, and a procedural replacement was made. Then the creditor sold ...

Modified: 05.12.2021
district court , assignment agreement , succession , debtor , creditor , abuse of rights , court , bankruptcy
Path: РусБанкрот - СМИ
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