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THE SUPREME COURT RECOGNIZED INTEREST-FREE LOANS AS COMPENSATORY FINANCING

On June 26, 2024, the Judicial Board for Economic Disputes (SCES) of the Supreme Court of the Russian Federation issued a Ruling on the complaint filed by the tax authorities and one of the creditors of the Khakassetremont company in its bankruptcy case (No. A74-5439/2020). The applicants asked to cancel the cassation ruling (AS of the East Siberian District), issued ... ... creditors. The courts drew attention to the fact that liquid rights were transferred free of charge, despite the company's debt on loans. The act of the appellate instance indicated that the transactions were the return of compensatory financing, therefore ...

THE SUPREME COURT HAS PROTECTED THE WIFE WHO WENT BANKRUPT FROM THE FINANCIAL DEMANDS OF THE EX-SPOUSE

... subsequently supported by the appellate and cassation instances. The Supreme Court of the Russian Federation, where Tatyana N. complained, drew the attention of the participants in the litigation to paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 63. It states that current payments can only be considered claims for the period that expired after the initiation of bankruptcy proceedings. Loan payments are not considered periodic. When a person periodically pays money to the bank as a loan obligation, this only indicates the procedure for fulfilling the obligation agreed upon by the parties to the transaction. As a result, the Supreme ...

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