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SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT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

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

... 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, the pledged property was sold, and the second trustee received ...

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 ...

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 ...

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 ...

THE COURT: PARTICIPATION IN THE CASE AS A THIRD PARTY IS NOT A GROUND FOR DOWNGRADING THE CLAIMS IN BANKRUPTCY

The Arbitration Court of the Moscow District considered the complaint of the creditor, the claims of which were downgraded by the lower courts due to affiliation with the debtor. As the basis for this, the fact of participation of the debtor and the creditor in another case as third parties was named. However, the district court did not agree with this interpretation of the law. The application for inclusion in the register ...

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 ...

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