Search

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 SUPREME COURT HAS SET THE TIME FOR THE PAYMENT OF TAXES BY THE COLLATERAL CREDITOR

... Federation noted that judges should not impose the burden of tax payments on the collateral creditor when lease payments from the collateral continue to be transferred to the bankruptcy estate. For example, this may occur at the observation stage. The Supreme Court of the Russian Federation also noted that the beginning of bankruptcy proceedings is not always the starting point for foreclosures from collateral creditors. Sometimes it can be the day when the requirements were included in the register after the organization was declared bankrupt. In some cases, proceeds ...

THE EXISTENCE OF A BANKRUPTCY CASE DOES NOT INDICATE THAT THE COUNTERPARTY IS AWARE OF THE INSOLVENCY

... Contractor for the services rendered to him, in connection with which the latter appealed to the court to protect his legal rights and interests. The court ruled in his favor, after which the contractor was not obliged to find out about the opening of bankruptcy proceedings against the customer. Having given these conclusions, the Supreme Court of the Russian Federation canceled the acts of higher authorities and refused to satisfy the claim to the manager of the bankrupt company.

Supreme Court of Russia explained how to identify a fake creditor

The bankruptcy case of RealtService (А40-267855 / 2018), which experts got interested in last year, reached the Supreme Court. The reason for the interest was the amount of 252 million rubles - it was demanded from the bankrupt company by the Tver firm ‘Vesna’ on the basis of a cession. First, the Moscow Arbitration Court satisfied the firm's claim by a ruling ...

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

... higher courts satisfied the claim, noting that the funds were received on the basis of a subsequently canceled judicial act on the inclusion of 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 reviewing the judicial ruling on the inclusion of his claim in the register, the validity of the debt was not questioned, according ...

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 declared insolvent. On the eve of bankruptcy, her debt amounted to almost ...

Sorted by relevance | Sort by date