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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 ...

Modified: 03.31.2022
Supreme Court of the Russian Federation , meeting of creditors , manager , determination , bankruptcy , debtor , creditor , court
Path: РусБанкрот - СМИ

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 he had not received his money for ...

Modified: 08.17.2021
Supreme Court of Russia , determination , debtor , creditor , termination of the agreement , bankruptcy estate , car , bankruptcy
Path: РусБанкрот - СМИ

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 ... ... fact that at the time of receipt of the notification of the offset of claims, the contractor already had other obligations to creditors, the claims of which were subsequently included in the register of creditors’ claims and have not been satisfied so ...

Modified: 05.21.2021
bankruptcy of a company , bankruptcy of a contractor , arbitration court , Supreme Court , determination , offset of claims , challenging the transaction , debtor , creditor , bankruptcy
Path: РусБанкрот - СМИ

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

The Economic Board of the Supreme Court of Russia considered the case on the complaint of the creditor (bank), which challenged the conclusion of an amicable agreement in the proceedings related to the insolvency case. The ... ... 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 ...

Modified: 08.27.2021
Supreme Court , determination , amicable agreement , bankruptcy , challenge , creditor , debtor
Path: РусБанкрот - СМИ
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