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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 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SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT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 of the courts on this issue were different, but the Supreme Court of Russia put an end to it. When considering the application in the court of first instance, the position...

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

The Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation considered the case on 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 of the debtor. The lower courts satisfied the claim, but downgraded its priority due to the creditor's compulsory performance of his obligations...

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’ claims. The claim was filed after the termination of the insolvency proceedings due to insufficient funds to carry out the procedure. The judges of three instances rejected the claim, but the Supreme Court of Russia considered this position to be incorrect. Having refused to issue a writ of...

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