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SHAM DEALS IN BANKRUPTCY: WHAT IS NECESSARY TO CONSIDER WHEN CHALLENGING THEM

The Supreme Court of the Russian Federation has recently considered a case on challenging the supply agreement, which the bankruptcy manager of the debtor demanded to be recognized as a sham transaction. According to manager, the parties to the agreement had no intention of generating real legal consequences, but pursued only the ...

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 question concerned the...

Is it possible to challenge the set-off of claims in the debtor's contractual relationship?

The Supreme Court of the Russian Federation considered the case of challenging the agreements on set-off of claims that arose between the contractor and the customer. The courts of three instances considered this to be a preference, but the economic board did not come to such a conclusion. The initiator of the process ...

Constitutional Court of Russia pointed to the right of a person controlling debtor to challenge the inclusion of debt in the register of creditors’ claims

The Constitutional Court of Russia considered the case on the complaint of a person controlling debtor who was brought to subsidiary liability. The applicant believed that he had a right to challenge the debts to the tax office, which were included in the register of creditors’ claims, but the lower courts rejected his claims. As part of the company's bankruptcy case, creditors filed claims and were included in the register of creditors’ claims. Among them, there was the tax inspectorate with...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... 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 the applicant and satisfied the claim. Then the company, which received payment under the lease agreement, applied to the Supreme Court of Russia, which sided with ...

Supreme Court of Russia banned Russians from keeping foxes at home

The Supreme Court considered the case at the request of Dmitry Kobzhitsky, who asked the court to recognize the list of animals prohibited for keeping at home, approved by the Government of the Russian Federation, partially invalid. The plaintiff insisted that the term ‘red fox’, to which the law also includes household foxes from Novosibirsk, was defined too broadly. Dmitry's claims boiled down to the fact that the list established by the government did not give him the right to keep the animal...

A right to know: District Court sided with a widow of bankrupt

The Arbitration Court of the Ural District considered the case within the framework of the insolvency of the deceased debtor. His widow and heiress in one person demanded to declare the bankruptcy trustee’s inaction illegal. The woman was dissatisfied with the failure to provide her with information about the companies in which her deceased husband had shares. The first two instances rejected the claim, citing commercial secrets. However, the district court, overturning the lower acts, indicated...

THE JUDGES DIDN'T CONSIDER THE MANAGER'S MISTAKE IN SUBJECT-MATTER JURISDICTION AS INACTION

Within the framework of the case on his own bankruptcy, the debtor applied to the arbitration court with a demand to declare the inaction of the financial manager to be illegal. According to the applicant, it consisted in the failure to file a claim to recover unjust enrichment from one of the debtor's counterparties. The court of the first instance satisfied the claim, having collected the losses in the amount of interest for the use of other people's funds from the manager. The appeal canceled...

THE DISTRICT COURT OPPOSED THE TRANSFER OF REAL ESTATE TO GRANDCHILDREN OF DEBTOR BY GIFT

... bankruptcy estate, including land, the area of ​​which significantly exceeds the size of the building. As for the signs of insolvency, at the time of a transfer of real estate, according to the district court, there still were some. The creditor challenging the transaction was the bank with which the debtor entered into a surety agreement. At the same time, the main borrower was a company, in which the debtor was the only participant. At a time when the borrower has already begun to admit delays ...

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