Search

CASSATION: COURTS ARE OBLIGED TO ESTABLISH THE MOMENT OF OCCURRENCE OF OBJECTIVE BANKRUPTCY

... debtor in favor of the creditor was challenged, this restorative claim was subsequently included in the debtor's register. The court of first instance agreed with the arguments of the manager, noting that the defendant was obliged to apply to the court for bankruptcy of the debtor under his control no later than the date of entry into force of the ruling on the recognition of the transaction invalid. This approach was not shared by the appeal, noting that, even after the entry into force of the said judicial act, the debtor ...

THE SUPREME COURT OF THE RUSSIAN FEDERATION MAY RECONSIDER ITS POSITION ON THE ONLY HOUSING IN BANKRUPTCY

... transaction was challenged, and the property was returned to the bankruptcy estate. Then the house and the plot were put up for auction by the manager, and according to the results of the public offer, a purchase and sale agreement was concluded. The debtor unsuccessfully tried to challenge the result of the auction, and then applied to the court for the exclusion of the property from the bankruptcy estate due to the presence of executive immunity. The application was granted by the court of first instance, but this approach was not shared by the higher courts, which overturned the ruling, refusing to satisfy the application and noting ...

DEBTORS WILL BE GIVEN THE OPPORTUNITY TO REQUEST THE RESUMPTION OF ENFORCEMENT PROCEEDINGS

... Government of the Russian Federation has approved a bill setting a deadline for the resumption of suspended enforcement proceedings – up to three years. The relevant draft was prepared by the Ministry of Justice pursuant to the decision of the Constitutional Court. As explained in the explanatory note, the proposed changes will give the debtor the opportunity to apply for the resumption of suspended enforcement proceedings. In addition, the bill makes it possible to exclude abuse by the recoverer. As the legislators noted, a number of grounds for suspending enforcement proceedings may ...

Sorted by relevance | Sort by date