Search

Supreme Court of Russia pointed out the mistake of a trustee made during the enforcement of the pledge

As part of the company's insolvency case, the tax authority applied to court and filed a claim against the actions of a bankruptcy trustee. The applicant was dissatisfied by the fact that the anti-crisis manager, in his opinion, made a premature settlement with the secured creditor. In addition, the Federal Tax Service ...

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 ...

Supreme Court of Russia explained how to identify a fake creditor

The bankruptcy case of RealtService (А40-267855 / 2018), which experts got interested in last year, reached the Supreme Court. The reason for the interest was the amount of 252 million rubles - it was demanded from the bankrupt company by the Tver firm ‘Vesna’ on the basis of a cession. First, the Moscow Arbitration Court satisfied the firm's claim by a ruling dated ...

District Court gave a permission to remove bankruptcy trustee from his office due to inaction

The Arbitration Court of the North-West District considered the case on the complaint of one of the debtor's creditors, who asked to declare the bankruptcy trustee’s inaction illegal and remove him from his post. The courts of the first two instances found violations ...

District Court indicated when the director’s subsidiary liability may be reduced

The Arbitration Court of the Ural District considered the case on the complaint of the former head of the debtor, whose claim to reconsider the judicial act due to newly discovered circumstances was rejected by the lower courts. The applicant had previously been brought ...

The court named the reasons for the decrease in bankruptcy trustee’s remuneration

The Arbitration Court of the Moscow District considered the case on the complaint of the creditor, from whom the lower courts recovered the bankruptcy trustee’s remuneration. The applicant disagreed with this state of affairs and challenged the decisions, which the ...

Court: the winner of the auction can challenge the actions of the manager as a defense

The Arbitration Court of the North-West District considered the complaint of the winner of the auction, with whom the contract for the sale and purchase of the property being sold within the framework of the bankruptcy case was not concluded. Instead of it, the organizer ...

The court canceled amicable agreement due to the provisions on subsidy liability

The Arbitration Court of the North Caucasian District considered the case on the complaint of one of the creditors, who expressed dissatisfaction with the terms of the amicable agreement concluded with the debtor. The document was signed by two majority creditors and ...

THE COURT REJECTED THE TRUSTEE’S CLAIM TO TRANSFER BANKRUPTCY PROCEDURE FROM SIMPLIFIED TO A GENERAL ONE

The Arbitration Court of the North Caucasian District considered the case on the complaint of the tax authority. The inspectorate, being a creditor in the framework of the insolvency case, challenged the decisions of the lower courts, which transferred the bankruptcy ...

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 ...

Sorted by relevance | Sort by date