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Supreme Court of Russia indicated the case of abolition of subsidiary liability

The Economic Board of the Supreme Court of Russia considered a dispute on bringing the head of debtor to subsidiary liability. The reason was the failure to transfer the company's documentation to the bankruptcy trustee, which significantly hampered the latter's activities related ...

Supreme Court of Russia determined the time period for consideration of claims on invalid transaction

... him were terminated, after which he applied to the court with a demand to include the debt to him in the register of creditors’ claims. The courts of three instances consistently satisfied the claim, but such a decision turned out to be erroneous. The Supreme Court of Russia recalled that a claim on a recognized transaction is considered to be declared on time if it has been failed within two months after the entry of a judicial act declaring the transaction invalid into force, which was not done. ...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the controversial agreement, which means that the debt transferred to it was unreasonable. Despite this, the lower instances considered that the assignment took place and was documented, which meant that there were grounds for including the...

Supreme Court of Russia considered it unreasonable to involve a third-party organization in bidding

... which carried out the sale of the property of insolvent company, applied to the court with a claim for payment of remuneration due to it. The cases were combined into one procedure, the fate of which changed dramatically after being considered by the Supreme Court of Russia. Prior to that, all three instances unanimously supported the company holding the auction and satisfied its claims for payment of remuneration. Its size, by the way, was 63 million rubles. The position of the lower instances was ...

Supreme Court of Russia did not give a permission for re-consideration of the application for bringing to subsidiary liability

... circumstances. In the court of first instance, the proceedings were terminated with reference to the identity of two applications. However, the appeal and the district saw no problems and sent the dispute for reconsideration. The end to the case was put by the Supreme Court of Russia, which pointed out the inadmissibility of a secondary consideration of an application with identical claims. The Supreme Court of Russia noted that the position taken by the court of appeal and the district court led to the possibility ...

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

... payments in favor of which were canceled by the lower courts at the request of the debtor’s 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 ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

The claim to attract the person controlling debtor to the subsidiary liability was referred to the Economic Board of the Supreme Court of Russia at the request of the manager. The court of first instance terminated the proceedings, but the appeal and the district court sent the case for reconsideration, with which the Supreme Court of Russia did not agree with such a decision....

SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT

... between the potential bankrupt and a third party. The trustee was confused by the fact that the agreement was signed immediately after the initiation of the principal's insolvency case. The opinions of the courts on this issue were different, but the Supreme Court of Russia put an end to it. When considering the application in the court of first instance, the position of the trustee was upheld, and the concluded agreement was declared invalid as a transaction. As arguments for this, the court sounded ...

THE SUPREME COURT OF RUSSIA: INTERIM MEASURES CANNOT BE LIFTED BY ARGUMENT OF INCONVENIENCE

The participant of the debtor in the framework of the insolvency case of the latter applied to the court with a demand to terminate the interim measures imposed on the property of his company. The courts of three instances satisfied the claim, but the Supreme Court of Russia pointed out the incorrect application of legal norms. The participant of the debtor in the framework of the insolvency case of the latter applied to the court with a demand to terminate the interim measures imposed on the property ...

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 was the bankruptcy trustee of the debtor company, which, in turn, performed contract work under the contract. As part of legal relations, just before the bankruptcy of the contractor...

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