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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 ... ..., 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 ...

Modified: 03.30.2022
Supreme Court of Russia , balance , contractor , customer , company bankruptcy , debtor , challenging , bankruptcy , court
Path: РусБанкрот - СМИ

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 ...

Modified: 11.23.2021
Supreme Court of Russia , decision , cession agreement , USRLE , company bankruptcy , manager , debtor , creditor , bankruptcy , court
Path: РусБанкрот - СМИ

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 ... ... 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 ...

Modified: 10.25.2021
bankruptcy commissioner , remuneration , court , company bankruptcy , debtor , creditor , bankruptcy
Path: РусБанкрот - СМИ

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 ...

Modified: 06.22.2021
arbitration court , Supreme Court of Russia , court , interim measures , company bankruptcy , debtor , creditor , bankruptcy
Path: РусБанкрот - СМИ
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