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INACTION OF BANKRUPTCY TRUSTEE BECAME A GROUND FOR THE CANCELLATION OF JUDICIAL ACTS

The case on invalidation of transactions involving the transfer of the debtor's funds to a third party was passed to the arbitration court for consideration. At the same time, the money was transferred by a bailiff within the framework of enforcement proceedings, but the bankruptcy trustee saw the preferable satisfaction of the interests of one creditor over others in this action. The courts of the first two instances satisfied the claim, but the representatives of cassation expressed different opinion. The fact is ...

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, ...

Supreme Court of Russia clarified the features of enforcement immunity

The case on invalidation of the transaction on the donation of expensive real estate owned by the debtor was transferred for consideration of the Supreme Court of the Russian Federation. The claim was initiated by the bankruptcy trustee, but not all judges supported him. Initially, the first instance and appeal instances rejected his claims, then the district canceled the rulings and returned the case for reconsideration. After that, the application was satisfied,...

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