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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.

Modified: 09.26.2024
bankrupt , bankruptcy , debt , court , Supreme court , subsoil
Path: РусБанкрот - СМИ

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.

Modified: 09.18.2023
bankrupt , bankruptcy , debt , counterparty , Supreme court
Path: РусБанкрот - СМИ

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

... collateral. A number of taxes accrued during the bankruptcy (for example, property taxes) They must also be paid. In its rulings, the Supreme Court of the Russian Federation indicated that the moment of transfer of tax obligations arises when the collateral creditor has a legal opportunity to foreclose on the collateral. In the event that an organization becomes bankrupt and proceeds to the bankruptcy procedure, the bankruptcy trustee begins to dispose of the assets. Given that he must do this in the interests of collateral ...

Modified: 06.19.2024
bankrupt , bankruptcy , court , taxes , collateral creditor , Supreme court
Path: РусБанкрот - СМИ

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 ...

Modified: 11.17.2022
bankrupt , bankruptcy , creditor , debt , Supreme court
Path: РусБанкрот - СМИ

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 ... ... 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 ...

Modified: 06.26.2024
bankrupt , bankruptcy , debt , Supreme court , creditor , unjust enrichment
Path: РусБанкрот - СМИ
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