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THE SUPREME COURT COMPARED CHALLENGING OF TRANSACTIONS WITH CREDITORS WITH A CLASS ACTION LAWSUIT

The Board of the Supreme Court considered the case on the termination of proceedings at the request of one of the debtor's creditors. He first initiated a dispute to invalidate the transaction with the participation of the bankrupt company, but subsequently resigned the claims. The courts accepted the resignation and the proceedings were terminated, but the manager and other ...

Modified: 04.16.2021
The Supreme Court , challenging the transaction , bankruptcy , waiver of claims , creditor , class action
Path: РусБанкрот - СМИ

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

... claims, having convinced three courts of lawfulness of his actions. In motivating their position, the judges proceeded from 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 far, which meant the preference of the interests of one creditor in relation to others. However, the Supreme Court took a different ...

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
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