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THE SUPREME COURT DEALT WITH THE ECONOMIC FEASIBILITY OF A SETTLEMENT AGREEMENT IN BANKRUPTCY

As part of the debtor's bankruptcy case, a settlement agreement was approved between the debtor and creditors. Based on the terms of the agreement, the ... ... the debtor. After the execution of the settlement agreement, the debtor will have property to continue economic activity. The Supreme Court of the Russian Federation sent the dispute for a new consideration and pointed out the following circumstances: ...

THE SUPREME COURT WILL CONSIDER THE ISSUE OF VIOLATION OF THE RIGHTS OF BANKRUPT PARTICIPANTS BY THE SETTLEMENT AGREEMENT

... in turn, undertook to transfer the difference in price to the debtor. The courts of the first and cassation instances considered the submitted text of the settlement agreement reasonable and aimed at ensuring the rights of all participants in the bankruptcy case, and therefore discontinued the proceedings. The debtor's participants filed cassation complaints to the Supreme Court of the Russian Federation and pointed to the transfer of property at an undervalued value in the presence of potential buyers willing to purchase it at a significantly higher cost, the lack of approval of the settlement agreement as a major ...

THE SUPREME COURT WILL DETERMINE THE LIMITS OF CHALLENGING THE TRANSACTIONS OF A COMPANY SOLD BANKRUPT FOR THE WITHDRAWAL OF ASSETS

... the court of first instance refused to satisfy the claims of the manager. In court, this was explained by the fact that the bankrupt (and hence its financial manager) has no legal grounds to challenge the decision of the sold company to join the LLC.... ... resolution of the dispute are determined. In particular, he noted the wrongly applied rules on the limitation period. Judge of the Supreme Court of the Russian Federation E.N. Zolotova considered the arguments of the complaint worthy of attention and referred ...

THE SUPREME COURT ASSESSED THE RESTORATION OF THE DEADLINE FOR FILING A BANKRUPTCY COMPLAINT

In the bankruptcy case, the issue of inclusion in the register of the claim was resolved. Two creditors were against it, but soon signed ... ... person controlling the debtor had filed a petition for the restoration of the term in similar circumstances and was refused. The Supreme Court evaluated the arguments presented and sided with the creditor. The circumstances indicated in the complaint were ...

THE SUPREME COURT WILL CONSIDER THE INCLUSION OF COMMON-HOUSE PROPERTY IN THE BANKRUPTCY ESTATE

... substantiation of the claim, the applicant pointed out that the disputed property is common and was not subject to inclusion in the bankruptcy estate. The court of first instance granted the application, noting that the room (individual heating point) refers ... ... given to information entered in the Unified State Register of Real Estate about the debtor as the owner of the basement. The Supreme Court of the Russian Federation referred the applicant's complaint to the board for consideration, drawing attention to ...

THE SUPREME COURT CLARIFIES THE RIGHTS OF CALCULATING THE DEADLINES FOR FILING A BANKRUPTCY APPLICATION

... initiated. A number of creditors of the debtor did not agree with the position of the courts, pointing out that the company applied to the court before the expiration of the 15-day period from the date of publication of the intention to file for bankruptcy. The Supreme Court of the Russian Federation canceled the acts of lower courts, recognizing that 15 calendar days had not passed since the publication of the intention (October 2, 2022) until the filing of the bankruptcy application itself (October 17, 2022)....

IGNORANCE OF THE LAW FREED THE BANKRUPT FROM RESPONSIBILITY IN THE SUPREME COURT

... court, which received the complaint, decided the case differently. The cassation considered that the pensioner hid the property, evaded the payment of the debt and disposed of the money independently, without having the authority to do so during the bankruptcy proceedings. The woman had to complain to the Supreme Court. The economic board, having studied the woman's arguments, found them quite convincing. Volkonskaya told the court that she did not try to evade her obligations, and also did not live in a big way. She spent her savings on maintaining her ...

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

... 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 ... ... debtor with a claim for payment of remuneration were made without taking into account the fact that the debtor was declared bankrupt under the simplified procedure of the absent debtor. At the same time, the court of first instance came to the correct ...

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