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DISTRICT COURT DECLARED THE RIGHT OF CREDITORS TO CONTROL THE BANKRUPTCY TRUSTEE

The issue of the possibility of creditors’ control over the actions of bankruptcy trustee was considered within the framework of the insolvency case of the debtor. At the same time, the opinions of the judges turned out to be different, and the district court put an end to the case, having agreed with the court of first instance. The issue concerned the inaction of a bankruptcy trustee, who did not take ...

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.... ... Subsequently, the proceedings on this bankruptcy were terminated due to the absence of a bankruptcy trustee. Then one of the creditors made another attempt to initiate an insolvency case. This time, another manager again filed an application for prosecuting ...

SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT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

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

... decision, which recognized the multimillion-dollar debt of an insolvent legal entity in favor of a third company, by one of the creditors (tax authority). The court of appeal and the district court refused to consider the complaint due to the fact that ... ... 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 ...

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,... ... subsidiary liability was unlawful. Such a decision was made due to the corporate nature of the dispute between the debtor's creditor and the defendant in a separate dispute. The fact was that the procedure was initiated by a former member of the company,...

Supreme Court of Russia puts an end to the case on the subordination of the restitution claim

The case was considered by the highest court at the request of the debtor, who was dissatisfied with the decisions of the lower courts. The claims for the inclusion of a restitution claim in the register of creditors’ claims, filed by one of the creditors, were subordinated by the first instance, but the court of appeal and the district court cancelled the order. Having considered the issue, the Supreme Court of the Russian Federation supported the position ...

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

... Economic Board considered the case on the inclusion of the debt of the bankrupt company to the buyer of a car into the register of creditors’ claims. The lower courts did not see any problems and satisfied the claim. However, the representatives of the Highest ... ... contract for the sale and purchase of a car, which was signed during a period of suspicion on conditions unfavorable for the debtor. The agreement was declared invalid by the court, and the parties were obliged to return what they had received under the ...

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 ...

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

The Economic Board considered the case on the complaint of a bankruptcy trustee and creditors of the debtor, who opposed the agreement concluded with a third-party organization on holding bidding within the framework of the debtor's insolvency case. At the same time, the company, which carried out the sale of the property of insolvent company, applied ...

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 ... ... 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 ...

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