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Should Russian State Register consider a complaint of a deceased person against a bankruptcy trustee?

The Supreme Court of Russia considered a case in which an individual applied to the Russian State Register with a complaint against the actions of a bankruptcy trustee. The state agency, in turn, initiated a case in court, demanding that the trustee should be brought to administrative responsibility. However, the courts of three instances rejected the claim, after which the Russian State Register ...

Should a bankruptcy trustee report the arrest of property during bidding?

The complaint of the failed buyer of the debtor's property was submitted to the Supreme Court of the Russian Federation for consideration. The house and the land plot of the latter were put up for an auction by the bankruptcy trustee, after which the only participant, an individual entrepreneur, responded to the application. However, having paid a deposit, he found out that the property was under arrest in a criminal case and made a decision to abandon the deal,...

Supreme Court Of Russia resolved the issue of challenging the settlement agreement in bankruptcy

The case was referred to the highest court on the complaint of a bankruptcy trustee, who was not satisfied with the ruling issued by the district court. By this ruling, the board canceled settlement agreement concluded in the bankruptcy procedure and indicated that it could violate the rights of a third party. The ...

Supreme Court of Russia deprived bankruptcy trustee of remuneration due to bad faith

The Economic Board considered the issue of payment of remuneration to the bankruptcy trustee of the debtor, which was calculated according to the results of the sale of property at auction. The application was rejected by the first instance, however, the appeal and district courts canceled the judicial act, and the claims of ...

The Supreme Court of Russia named the terms of simplified bankruptcy proceedings

... debtor applied to the arbitration court with a demand to challenge the concluded agreements. However, the instance of appeal pointed out that the applicant's claim was acquired on the basis of a loan agreement, which means that he has the right to file a bankruptcy petition for his debtor without asking for the debt. The point in the case was put by Supreme Court of Russia, which noted that the rule providing banks with the opportunity to initiate bankruptcy of their debtors was due to the fact that these ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... Russia considered the case on the complaint of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with ...

Supreme Court of Russia clarified the features of termination of pledge in bankruptcy

Economic Board of the supreme court of Russia considered the case on the complaint of a bankruptcy trustee of the debtor, who expressed disagreement with the position of the lower courts. The question concerned the pledged property, which the trustee intended to sell at the auction, and the debtor indicated the presence of the burden in ...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

... the debt was confirmed, among other things, by an act of reconciliation of mutual settlements signed between the parties. The court recognized the claims as justified and satisfied the claim. At the same time, already in the process of considering the bankruptcy case, the bankruptcy trustee of the debtor filed for an amended tax return. From the information provided by the Federal Tax Service, it became clear that the debt previously declared to it was significantly lower than the debt that has been ...

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

... The applicants considered that the debt should be subordinated, as the judge at first instance considered. The Supreme Court of Russia put an end to the matter with the polarity of positions of the courts. As part of the debtor's insolvency, the bankruptcy trustee of the creditor filed a claim to include the restorative debt in the register of creditors’ claims. It was formed as a result of the invalidation of the transfer of funds by the creditor in favor of the debtor with the recognition of ...

Supreme Court of the Russian Federation clarified what cannot be considered compensatory financing

..., as a result, compensatory funding. The applicant did not agree with this position, which was the reason for the consideration of the case in the Supreme Court of the Russian Federation. The disputed debt was formed as part of the debtor's first bankruptcy case. Then the creditor announced his intention to pay off all the debts of the company, which he subsequently did, and the insolvency case was closed. However, this did not help - the debtor again ended up in bankruptcy proceedings. As part ...

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