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Supreme Court of Russia pointed out the mistakes of courts in the case of debt within a group of companies

The Supreme Court of the Russian Federation resolved a dispute in the bankruptcy case of a company, one of creditors of which expressed his disagreement with the inclusion of a debt to a subsidiary in current payments. This made it possible to satisfy the claims on a priority basis, bypassing the register of creditors’ claims. Judges of the lower instances expressed different opinions on the situation, but the Supreme Court of the Russian Federation demanded that the case should be reconsidered...

Challenging the contract for provision of legal services was recognized legal by Supreme Court of Russia

The Supreme Court of Russia considered an interesting case of challenging a legal services agreement concluded between the head of the debtor and a third-party company. The contract was signed at the monitoring stage, and disagreement with its conclusion was expressed by the bankruptcy trustee appointed after. The anti-crisis manager considered the document an attempt to withdraw the debtor's funds under the guise of fulfilling an obligation, but not all courts supported his point of view. The...

Supreme Court of Russia resolved the issue of the bank's beneficiaries brought to subsidiary liability

The Economic Board considered the case at the request of the bankruptcy trustee of the bank - the Deposit Insurance Agency - on bringing a number of beneficiaries of the credit institution to subsidiary liability. The positions of the judges of the lower instances were divided, the case went through not a single round of challenge and finally reached the Highest court of Russia. The DIA's claim was that the persons named in the claim were allegedly involved in making decisions that were economically...

The Supreme Court of Russia considered the issue of the distribution of moratorium interest

The highest court considered the case on the complaint of one of the creditors of the debtor (an individual). The applicant was dissatisfied with the ruling issued by the district court, which established the procedure for the distribution of the moratorium interest of the secured creditor. The Supreme Court of Russia considered the applicant's arguments convincing and canceled the contested judicial act. The question concerned the procedure for establishing, as well as distribution of the moratorium...

The Supreme Court of Russia replaced the real term with a suspended sentence due to the poverty of the offender

Supreme Court of Russia, court ruling, ruling, criminal liability, smuggling, suspended sentence, poverty The lower courts found him guilty and sentenced him to three years in prison. However, upon a detailed examination of the case, it turned out that the judges formally approached ...

Supreme Court of Russia resolved the issue of remuneration between bankruptcy trustees

The Economic Board of the Supreme Court of Russia considered the case on the complaint of a trustee, whose claim was rejected by the lower courts, which cited the expiration of the statute of limitations. The trustee wanted to receive a portion of the remuneration that he believed was due to him as a part of the debtor's bankruptcy case. The applicant had worked as a bankruptcy trustee for eight months, after which he was replaced by another person. Then, in the course of the insolvency procedure...

Supreme Court of Russia refused to attract the director to the subsidiary liability due to the confusion with timing

Supreme Court of Russia considered the case on the complaint of the former director and participant of the debtor on bringing him to the subsidy. The corresponding claim was filed by the manager, who indicated the director’s inaction, which was expressed in the failure to file a bankruptcy petition. The court of first instance dismissed the claim, the appeal and the district, on the contrary, sided with the applicant, and the Supreme Court of Russia supported the judge of the first instance, indicating...

Supreme court of Russia outlined the situation when bankruptcy trustee does not have a right for remuneration

The highest court considered the case on the payment of remuneration to the bankruptcy trustee for participation in the debtor's insolvency proceedings. The courts of the first two instances rejected the claim, the district court satisfied, and the Supreme Court considered the actions of the anti-crisis manager insufficient to receive money. The case concerned the bankruptcy of an individual, who insisted on carrying out a debt restructuring procedure against him and presented a plan for paying...

Supreme court of Russia put an end to the case on the exclusion of the only housing from bankruptcy estate

The Economic Board of the Supreme Court of Russia considered the complaint of one of the debtor's creditors, who remained dissatisfied with the ruling issued by the district court to exclude the debtor's land plot and residential building from the bankruptcy estate. At the same time, the bankrupt insisted that the disputed real estate was his only housing, and it was impossible to put it in the bankruptcy estate. When considering the fate of the property, the courts of the first and appellate...

SUPREME COURT OF RUSSIA: LOWERING OF PRIORITY OF CLAIM IS NOT APPLICABLE IN BANKRUPTCY OF INDIVIDUAL

The Economic Board of the Supreme Court considered the case on the complaint of one of the creditors of the bankrupt individual, whose claims were lowered due to affiliation with the debtor. The lower courts came to the conclusion about the relationship between the debtor and the creditor, concluding that the loan issued by the creditor is justified, but is subject to satisfaction in the order preceding the distribution of the liquidation quota. However, the Supreme Court pointed at the mistakes...

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