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

... Court of Russia offered the parties two options for getting out of the conflict: the creditor keeps the car, includes a claim for damages in the register of creditors’ claims, while their value is adjusted taking into account the value of the goods; the creditor transfers the car to the bankruptcy estate, in which case the former buyer becomes the collateral lender. Subsequently, his claims are satisfied in accordance with article 138 of the Insolvency Law . In both cases, the rights of the creditor-purchaser and the debtor-bankrupt ...

DISTRICT COURT EXPLAINED THE PECULIARITIES OF RECOVERY OF DAMAGES FROM THE BANKRUPTCY TRUSTEE

... bankruptcy trustee of the debtor in the case of recovering losses from him. The applicant applied to the court with a demand to recognize the previously issued order to recover the losses in connection with the return of part of the property to the bankruptcy estate as executed, but the lower courts unanimously rejected his claim. The issue of recovering losses from the trustee, considered within the framework of the debtor's bankruptcy, arose due to the loss of part of the debtor's property. ...

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