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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 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 puts an end to the case on the subordination of the restitution claim

... right the company applied to the court to include the debt in the register of creditors’ claims. The judge of the court of first instance took into account that the companies were affiliated and were subordinate to one beneficiary, while, despite the bankruptcy proceedings initiated against both companies, Rosalko subordinated the claims. The Court of Appeal, the position of which was upheld by the district court, found such subordination impossible. The Board noted that both companies were in the ...

Covid-19 caused cancellation of two judicial acts

... accept additional evidence was rejected, was referred to the highest court of Russia. The district court subsequently made a similar decision, but the Supreme Court of the Russian Federation did not agree with this position. The question concerned a bankruptcy case, in the framework of which the liquidator was challenging a number of money transactions made to the applicant during a period of suspicion. The anti-crisis manager considered this preferential satisfaction and demanded to return the received ...

Supreme Court of Russia pointed out the mistake of a trustee made during the enforcement of the pledge

As part of the company's insolvency case, the tax authority applied to court and filed a claim against the actions of a bankruptcy trustee. The applicant was dissatisfied by the fact that the anti-crisis manager, in his opinion, made a premature settlement with the secured creditor. In addition, the Federal Tax Service asked to remove the trustee from his position and ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

... sent the case for reconsideration, with which the Supreme Court of Russia did not agree with such a decision. The Economic Board pointed out that it was not possible to re-consider the claim. The fact is that there were two claims for the debtor's bankruptcy and, as a consequence, for the subsidiary liability of the persons controlling him. In the first case, the court rejected the claims of the manager, citing the lack of proof of the relationship between the manager's fault and the damage caused....

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