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Supreme Court of Russia specified when the FAS cannot intervene in bankruptcy auctions

The Supreme Court of Russia considered a case in which one of the potential buyers of the debtor's property made a decision to complain to the Federal Antimonopoly Service. The applicant was not satisfied with the fact that the bankruptcy trustee did not allow him to participate in bidding, referring to the failure to provide the necessary documentation. The lower courts took opposite positions, but the Supreme Court of the Russian Federation put an end to the issue. The ...

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was filed by the SRO, which proposed a new candidate. In the court of first instance, the claim was satisfied, but the appeal considered ...

SUPREME COURT OF RUSSIA: CREDITOR MAY MISS THE STATUE OF LIMITATIONS OF PENALTY PAYMENT IN BANKRUPTCY

The Highest court considered the case on the inclusion of the debt for the payment of a penalty for failure to fulfill the main obligation in the register of creditors’ claims. The amount of the debt, from which the penalty was calculated, was already in the register, but the lower authorities rejected the claim, citing the running of the statute of limitations. It should be noted that the debt and the penalty on it arose from the obligations of the transport expedition. The debtor, who was subsequently...

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

The Economic Board of the Supreme Court of the Russian Federation considered the case at the request of a bankruptcy trustee. He demanded that the transaction must be invalidated by offsetting similar claims, and the parties to the agreement were the contractor (bankrupt company) and the customer. The courts of three instances sided with the applicant, ...

District court allowed control of creditors over the debtor's expenses

... considered the issue of the manager's obligation to convene a meeting of creditors. The applicants demanded consideration of the issue of the anti-crisis manager's report on his financial activities and approval of the cost estimate. In their opinion, the bankruptcy trustee was abusing his right, and the lack of a current estimate of expenses impeded the control over the funds spending. The court of first instance established that the creditors' committee was formed from representatives of the tax service,...

The Supreme Court of Russia canceled the conclusion of amicable agreement due to the negligence of judges

... conclusion of an amicable agreement in the proceedings related to the insolvency case. The lower courts did not see any violations of the applicant's rights, but the Supreme Court sided with the bank. The dispute arose against the background of the bankruptcy of an individual. The debtor citizen was a member of the company with 100% of the shares, which was sold by him to a third party. The bankruptcy trustee challenged the deal and succeeded in declaring it invalid, but before the entry of the ...

SUPREME COURT OF RUSSIA: WHAT ARE THE ACTIONS OF CREDITOR IN THE EVENT OF TERMINATION OF THE AGREEMENT WITH BANKRUPT

The Economic Board considered a dispute between bankruptcy trustee and the debtor's creditor. The trustee demanded that the car purchased under the sale and purchase agreement be transferred back to the bankrupt in connection with the termination of the agreement. The creditor objected, recalling that ...

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