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THE DEBTOR'S TAX OBLIGATIONS ARE PAID BY SELLING THE COLLATERAL AFTER THE CREDITOR RECEIVES THE BENEFIT

... noted that the order of repayment of property taxes on mortgaged property depends on when the mortgaged creditor began to benefit from its status in the bankruptcy case. In support of its position, the court cited the following arguments (Ruling of the Supreme Court of the Russian Federation dated 06/13/2024 No. 304-ES22-29762): The bank's claims as a collateral creditor are included in the register in the monitoring procedure. • At the hearing, representatives of the parties explained that the debtor's subsequently realized property complex did not function in bankruptcy proceedings, respectively, the proceeds ...

YOU CANNOT SELL A CLAIM FOR THE RECOVERY OF A SUBSIDY AND REMAIN A CREDITOR

... legal nature, which, in turn, makes it possible to file claims against the debtor on each of the grounds. Based on this, the courts concluded that the bank's claims from the guarantee agreements are justified and should be included in the register. The Supreme Court referred the complaints of the debtor's manager and creditors to the board for consideration, reflecting in its ruling the argument that the obligations of the guarantor from the guarantee and subsidiary liability are solidary. Thus, after the sale of subsidiary liability rights to a citizen, security ...

Supreme Court of Russia ordered to check what will be left to a retiree after the debt recovery

The Supreme Court of the Russian Federation considered the complaint of a retiree from Krasnoyarsk, who did not have enough money to live on after a monthly settlement with creditors. The amount of the debt was about 500 thousand rubles, and the debtor himself was a retiree and a disabled person. When considering the case, the Supreme Court of Russia pointed out the importance of examining the circumstances and sources of income of the debtor separately in each case. This must be done in order to maintain a balance of interests between the pensioner and his creditors. The situation ...

The Supreme Court of Russia canceled the conclusion of amicable agreement due to the negligence of judges

The Economic Board of the Supreme Court of Russia considered the case on the complaint of the creditor (bank), which challenged the conclusion of an amicable agreement in the proceedings related to the insolvency case. The lower courts did not see any violations of the applicant's rights, but the Supreme Court sided with the bank. The dispute ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE LIMITS OF MORATORIUM ON INITIATION OF BANKRUPTCY PROCEEDINGS

... first instance accepted the application and initiated bankruptcy proceedings. However, in subsequent challenges of the claim in the appeal and district courts, the position was found to be incorrect, and the submitted application was returned to the creditor. The reason was the action of the moratorium on bankruptcy in relation to the debtor. The Supreme Court found no reason for the application of the moratorium, having indicated that it was impossible in the case under consideration. The debtor company, in support of its position, referred to the presence of retail trade among the additional ...

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 SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

... the offset of claims, the contractor already had other obligations to creditors, the claims of which were subsequently included in the register of creditors’ claims and have not been satisfied so far, which meant the preference of the interests of one creditor in relation to others. However, the Supreme Court took a different position on this issue. The Board noted that within the framework of contractual legal relations, the contractor is not entitled to receive the full amount under the contract in a situation where he fulfilled his obligations ...

THE COURT ASSESSED THE POSSIBILITY FOR THE DEBTOR’S DEPOSIT CONTESTATION

... the counter-proposal. Instead of this, the courts took into account the receipt of the deposit by the bank as evidence of inequality. The deposit legally remained with the assignor, since the assignee had violated the terms of the contract. Thus, the Supreme Court of the Russian Federation declared the argument that there was no counter-provision under the contract and the fact that such an agreement was recognized as an invalid transaction to be insolvent(determination No. 306-ES20-14567 of December ...

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