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Supreme Court of Russia resolved the issue of remuneration between bankruptcy trustees

... the complaint of a trustee, whose claim was rejected by the lower courts, which cited the expiration of the statute of limitations. The trustee wanted to receive a portion of the remuneration that he believed was due to him as a part of the debtor's bankruptcy case. The applicant had worked as a bankruptcy trustee for eight months, after which he was replaced by another person. Then, in the course of the insolvency procedure, the pledged property was sold, and the second trustee received his remuneration ...

Supreme court of Russia outlined the situation when bankruptcy trustee does not have a right for remuneration

The highest court considered the case on the payment of remuneration to the bankruptcy trustee for participation in the debtor's insolvency proceedings. The courts of the first two instances rejected the claim, the district court satisfied, and the Supreme Court considered the actions of the anti-crisis manager insufficient ...

SUPREME COURT OF RUSSIA: LOWERING OF PRIORITY OF CLAIM IS NOT APPLICABLE IN BANKRUPTCY OF INDIVIDUAL

... courts referred to paragraph 5 of the Review of Judicial Practice of January 29, 2020. When the dispute was considered by the economic board, it was pointed out that this position was erroneous, since the rule of law in question is not applicable in bankruptcy of individuals and only concerns the insolvency of companies. The Supreme Court recalled that when considering bankruptcy cases of individuals, the courts may consider issues of including of imaginary, already fulfilled and other non-satisfactory ...

THE SUPREME COURT OF RUSSIA CLARIFIED WHEN BANKRUPTCY TRUSTEE IS NOT LATE TO DEMAND A PAYMENT OF REMUNERATION

... from him. Otherwise, the second trustee will receive unjust enrichment at the expense of the applicant, who also has the right to count on the payment of remuneration (determination No. 305-ES19-21725 of July 15, 2021). Tags: Supreme Court of Russia, court ruling, bankruptcy trustee, pay

THE SUPREME COURT OF RUSSIA: THE DEBTOR HAS A RIGHT TO BANKRUPTCY EVEN IF HE IS GUILTY OF CRIME

... considered, since the law does not establish such restrictions for a citizen filing an application for insolvency. The question of whether the debtor can be relieved of his existing financial obligations should be resolved in the process of considering a bankruptcy case, but not at the stage of making a decision on its initiation (court ruling of May 18, 2021 No. 301-ES20-19192).

THE SUPREME COURT OF RUSSIA CLARIFIED THE CRITERIA OF BAD FAITH OF GUARANTEE GIVER IN BANKRUPTCY

.... The judges referred to the fact of the guarantor's bad faith, but the Supreme Court did not support this position. The highest court stated that the bad faith announced by the colleagues did not apply to legal relations within the framework of the bankruptcy case in any way, since it was directed at a third party - the beneficiary. He had to resort to the compulsory execution of the agreement, but this situation did not affect the debtor in any way, as the guarantee was fulfilled. Thus, the compulsory ...

THE COURT: PARTICIPATION IN THE CASE AS A THIRD PARTY IS NOT A GROUND FOR DOWNGRADING THE CLAIMS IN BANKRUPTCY

The Arbitration Court of the Moscow District considered the complaint of the creditor, the claims of which were downgraded by the lower courts due to affiliation with the debtor. As the basis for this, the fact of participation of the debtor and the creditor in another case as third parties was named. However, the district court did not agree with this interpretation of the law. The application for inclusion in the register of creditors’ claims was based on the lease legal agreement. The debtor...

THE SUPREME COURT OF RUSSIA: TERMINATION OF BANKRUPTCY CASE IS NOT A GROUND FOR A DENIAL OF A WRIT OF EXECUTION ISSUANCE

... rejected the claim, but the Supreme Court of Russia considered this position to be incorrect. Having refused to issue a writ of execution, the courts of the first and appellate instances referred to the lack of such a procedural possibility, given that the bankruptcy proceedings had already been terminated. The district court did not agree with colleagues, having indicated that the issuance of a writ of execution on the basis of a ruling on inclusion in the register of creditors’ claims was possible if ...

Supreme Court of Russia pointed out the mistakes of courts in the case of debt within a group of companies

The Supreme Court of the Russian Federation resolved a dispute in the bankruptcy case of a company, one of creditors of which expressed his disagreement with the inclusion of a debt to a subsidiary in current payments. This made it possible to satisfy the claims on a priority basis, bypassing the register of creditors’ ...

Challenging the contract for provision of legal services was recognized legal by Supreme Court of Russia

... considered an interesting case of challenging a legal services agreement concluded between the head of the debtor and a third-party company. The contract was signed at the monitoring stage, and disagreement with its conclusion was expressed by the bankruptcy trustee appointed after. The anti-crisis manager considered the document an attempt to withdraw the debtor's funds under the guise of fulfilling an obligation, but not all courts supported his point of view. The court of first instance rejected ...

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