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THE SUPREME COURT SUPPORTED THE PLAINTIFF IN THE DISPUTE OVER THE SUBSIDY OUTSIDE BANKRUPTCY

The Economic Board (Judicial Board for Economic Disputes) of the Supreme Court of the Russian Federation considered Su Kim's complaint on July 2, 2024. The woman filed a lawsuit, which she conducted ... ... rubles). However, the citizen did not receive any money from the company. Therefore, at the end of March 2021, she initiated the bankruptcy of the organization in the Sakhalin arbitration. In May 2021, the arbitration court took the company under surveillance,...

THE SUPREME COURT WILL LOOK INTO THE PRE-EMPTIVE RIGHT OF THE CORPORATION'S PARTICIPANTS IN THE BANKRUPTCY OF A PARTICIPANT

As part of the bankruptcy case of a citizen (No. A50-18848/16), the manager applied for approval of the regulations on the sale of shares owned ... ... practice of exercising the pre-emptive right to purchase when selling a share in the right of common ownership, is applicable. The Supreme Court of the Russian Federation referred the complaint of the manager to the board for consideration and pointed out that ...

THE SUPREME COURT WILL CONTINUE TO LOOK INTO THE RATIO OF COLLATERAL AND TAX CLAIMS IN BANKRUPTCY

... determining the procedure for repayment of debts on mandatory payments that arose as a result of the continuation of the debtor's business activities, in priority order to repay the claims of the collateral creditor in the period after the commencement of bankruptcy proceedings. The rest of the claims were denied. The higher courts attributed the requirements of the Federal Tax Service to the priority order in full. The Supreme Court (SC) referred the complaints of the governor and the bank to the board, noting that, contrary to the arguments of the authorized body and the conclusions of the courts, the bank was not a beneficiary from the continuation of the production ...

THE SUPREME COURT EXPLAINED THE PROCEDURE FOR CHALLENGING THE TRANSACTIONS OF THE DECEASED IN BANKRUPTCY

On March 23, a meeting of the Judicial Board of the Supreme Court of the Russian Federation on economic Disputes in the bankruptcy case of the Kraft Group company (No. A40-151643/2020) was held. A complaint against the decision of three judicial instances was filed by the bankruptcy trustee Vyacheslav Bashmakov. It was about challenging the transfer of funds that the organization ...

THE SUPREME COURT WILL CONSIDER THE LIMITS OF THE GUARANTOR'S FORMALISM IN THE BANKRUPTCY OF THE PRINCIPAL

... prosecuted by that time (he was under arrest and was disqualified by the court), and the Stroy Group company itself went into bankruptcy. AHK's attempts to convince the bank did not lead to anything. Sberbank did not want to take into account the state ... ... one of the conditions in the bank guarantee agreement. AHK Sukhoi became a part of PJSC UAC in June 2022. Her appeal to the Supreme Court of the Russian Federation with a complaint seemed interesting to Judge Natalia Pavlova. On March 22, she issued ...

THE SUPREME COURT CALLED ON THE COURTS TO STUDY ALIMONY IN BANKRUPTCY IN MORE DETAIL

In the framework of the bankruptcy case, the debtor's financial manager appealed to the court with an application to challenge the debtor's transfers ... ... the purpose of their commission was to cause harm to creditors. The courts of three instances granted the application. The Supreme Court of the Russian Federation refused to transfer the complaint to the board for consideration. After determining the ...

THE SUPREME COURT WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

In the framework of the bankruptcy case (No. A21-8559/16), the manager filed an application for recovery from the applicant (FTS) of the costs of the ... ... satisfied the requirements, however, the higher courts, not agreeing with the definition, refused to satisfy the application. The Supreme Court of the Russian Federation, referring the complaint to the board, noted that the conclusions of the courts on the ...

FIGHT BANKRUPTCY. "MUSHROOMS OF BELOGORYE" REACHED THE SUPREME COURT

With a complaint against the verdict of the Belgorod arbitration, the company "Mushrooms of Belogorye" appealed to the Supreme Court. The firm does not abandon attempts to appeal the decision of the first instance, which introduced the bankruptcy procedure at the enterprise. This happened in the spring of 2022 on the initiative of Sberbank. In the fall of 2022, Rusbankrot covered the situation related to the Belgorod producer of champignons. It was then that the company, which owed ...

THE SUPREME COURT EXPLAINED THE TAX NUANCES OF BANKRUPTCY OF THE HEREDITARY MASS

After the death of the testator, a bankruptcy case was initiated, during which the estate was included in the bankruptcy estate. Despite this circumstance, the tax ... ... its maintenance. The conclusions of the appeal were also supported by the Court of Cassation. One of the heirs appealed to the Supreme Court of the Russian Federation with a cassation appeal, according to the results of which the court came to the following ...

SUPREME COURT TO RULE ON CONSUMER PENALTY IN BANKRUPTCY

... demanded to return the funds. Without waiting for a response to the claim, the citizen found that the debtor was declared bankrupt under the procedure of the liquidated debtor, and therefore filed a claim with the court to include the amount not returned ... ... inclusion of a fine in the register is impossible. The citizen did not agree with this approach and filed a complaint with the Supreme Court, which drew attention to his arguments that the court in any case is obliged to consider the requirement to include ...

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