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

... 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, the parties signed a number of documents providing for the offset of counterclaims. In the course of ...

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 district considered premature. The question concerned a bankruptcy case of a debtor, in the course of which the trustee first asked the court to discontinue the proceedings, citing insufficient funds, and then demanded that the applicant in the bankruptcy process pay remuneration for the work done in his favor. When considering ...

Azov Grain Company declares bankruptcy

... Arbitration Court of the Rostov Region. The claim is based on the presence of debts in the amount of over 1 billion rubles. The debtor initiated the procedure on his own, but the creditors are likely to appear soon. At the moment, the claim has already ... ... the bank, which is currently the only participant in the potential debtor company, had already taken measures to declare its bankruptcy. Then the case was tied with the debt in the amount of 9 million rubles. However, in the process of considering the ...

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

The highest court of Russia considered the case on the complaint of the leasing company, the 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 court recovered remuneration for a bankruptcy trustee from the Central Bank of Russia

The Arbitration Court of the Urals District considered the case on the complaint of the trustee, who did not receive part of the remuneration due to him. The anti-crisis manager honestly carried out the bankruptcy proceedings, but received only a part of payment for his services: the debtor simply ran out of funds. Then the trustee applied to court to recover the missing amount from the Central Bank, since the regulator initiated the bankruptcy proceedings and was the controlling body in relation to the debtor. The courts of the ...

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.... ... Board pointed out that it was not possible to re-consider the claim. The fact is that there were two claims for the debtor's bankruptcy and, as a consequence, for the subsidiary liability of the persons controlling him. In the first case, the court rejected ...

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

Within the framework of the insolvency case, the bankruptcy trustee of the debtor tried to challenge the agency agreement concluded 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 ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE CRITERIA OF BAD FAITH OF GUARANTEE GIVER IN BANKRUPTCY

... the bank's application for the inclusion of its claim in the register of the creditors’ claims. Financial claims against the debtor were based on a bank guarantee agreement, under which the applicant paid the amount established by the agreement instead ... ... highest court stated that the bad faith announced by the colleagues did not apply to legal relations within the framework of the bankruptcy case in any way, since it was directed at a third party - the beneficiary. He had to resort to the compulsory execution ...

THE SUPREME COURT OF RUSSIA: TERMINATION OF BANKRUPTCY CASE IS NOT A GROUND FOR A DENIAL OF A WRIT OF EXECUTION ISSUANCE

The Economic Board of the Supreme Court of Russia considered the claim of the debtor's creditor to issue him a writ of execution on the basis of a ruling on the inclusion of debt in the register of creditors’ ... ... execution, the courts of the first and appellate instances referred to the lack of such a procedural possibility, given that the bankruptcy proceedings had already been terminated. The district court did not agree with colleagues, having indicated that the ...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

... the debt was confirmed, among other things, by an act of reconciliation of mutual settlements signed between the parties. The court recognized the claims as justified and satisfied the claim. At the same time, already in the process of considering the bankruptcy case, the bankruptcy trustee of the debtor filed for an amended tax return. From the information provided by the Federal Tax Service, it became clear that the debt previously declared to it was significantly lower than the debt that has been actually formed. After that, the tax authority ...

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