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

... 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 ... ... environment as a result of violations of mandatory requirements can be filed within twenty years. • In addition, the introduction of bankruptcy proceedings against the company does not exempt it from fulfilling its duties.

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 are being conducted, filed an application for the recovery of interest for the use of the customer's material assets, referring to the fact that after the initiation of bankruptcy proceedings, the transaction for transferring money ...

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 ... ... practice, the problem of determining the procedure for such a payment remains no less pressing. As a rule, in the event of bankruptcy, the collateral creditor expects to receive up to 70-80% of the value of the alienated property that was the subject ...

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 ...

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

... and the defendant had mutual claims, partially offset by a settlement agreement. Subsequently, the plaintiff was declared bankrupt, and the outstanding part of the defendant's claim was included in the register. The manager transferred funds to 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 ...

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