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

In the framework of the bankruptcy case (No. A21-8559/16), the manager filed an application for recovery from the applicant (FTS) of the costs of the ... ... 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 need for a preliminary appeal to the debtor with a claim for payment of remuneration were made without taking into account the fact that the debtor was declared bankrupt ...

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 ... ... agreement with the newly minted creditor. Three years later, the former director of the debtor demanded to restore the missed deadline for filing a complaint against the court... ... 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...

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

In the framework of the bankruptcy case (No. A40-168748/20), the courts considered an application to challenge the auction for the sale of non-residential real estate of the debtor and the exclusion of this property from the bankruptcy estate. In substantiation of the claim, the applicant pointed out ... ... 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 EXPLAINED THE PROCEDURE FOR CHALLENGING THE TRANSACTIONS OF THE DECEASED IN BANKRUPTCY

... The businessman's bankruptcy case started in 2021 (No. A41-32321/2021). Taking into account the death of Kolomnikov that had occurred earlier, the court introduced the implementation procedure in relation to his hereditary mass (Article 223.1). The Supreme Court drew the attention of the participants in the dispute that in such cases, bankruptcy should be carried out as if the businessman himself were still alive. That is, debts must be repaid through insolvency procedures. Bashmakov, having discovered the transfer of a large amount of money in favor of Kolomnikov, asked the arbitration to apply the consequences of the invalidity of the transaction. To the bankruptcy trustee,...

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 SORT OUT THE CHALLENGE OF THE TRANSACTION TO REPAY THE FICTITIOUS DEBT

The debtor's creditor filed an application to the court challenging the transaction – the debt transfer agreement concluded between ... ... decision by the fact that the reality of contractual legal relations was confirmed by the documents submitted to the case file. The Supreme Court of the Russian Federation, referring the case to the board, drew attention to the arguments of the cassator that ...

A CREDITOR WITHOUT A LICENSE CANNOT BANKRUPT A DEBTOR WITHOUT A JUDICIAL ACT

The entrepreneur appealed to the court with an application for declaring the debtor bankrupt (case no. A41-19651/2023). The court of first instance refused to accept the application for production, based ... ... the dispute for a new consideration, based on the fact that the creditor's legal successor is a microfinance organization. The Supreme Court of the Russian Federation referred the complaint of another debtor's creditor to the collegium, reflecting in the ...

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

... estate remained with the company. Now the financial manager demands to return the property (case no. A43-19704/2021). The debtor's financial manager stated in the claims that the property should be returned, since its transfer took place on the basis ... ... 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 ...

SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION

... instances refused to satisfy the claim, considering that the owner of the property of the autonomous institution is not liable for the obligations of the autonomous institution (with the exception of obligations related to causing harm to citizens). The Supreme Court of the Russian Federation did not agree with this approach and noted that the long-term non-fulfillment by the institution of its obligations (more than eight years) to the plaintiff to pay for the supplied thermal energy, the inability to collect debts due to the lack of property that can be foreclosed on, lead to a violation of the rights of the person obliged to supply the resource. As noted, the way to maintain a balance of the rights and legitimate interests of the parties to the energy supply ...

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