Search

Supreme Court of Russia determined the time period for consideration of claims on invalid transaction

... they had received under the transaction to each other. The failed buyer fulfilled his obligations, the enforcement proceedings against him were terminated, after which he applied to the court with a demand to include the debt to him in the register of creditors’ claims. The courts of three instances consistently satisfied the claim, but such a decision turned out to be erroneous. The Supreme Court of Russia recalled that a claim on a recognized transaction is considered to be declared on time if it has been failed within two months after the entry of a judicial act declaring the transaction invalid into force, which was not done. ...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

... 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 controversial agreement, which ... ... justify the fact that the entry contained in the Unified State Register of Legal Entities was erroneous with other documents ( decision No. 305-ES21-4104 (2) dated October 14, 2021 in case № A40-84439/2019).

Supreme Court of the Russian Federation resolved the dispute with the recovery of debt on bail

... considered a case in which the bank demanded that the debt arising from the pledge agreement be included in the register of creditors’ claims. At the same time, the fact of non-payment and the existence of an obligation were previously recorded by a ... ... disputed amount was included in the register. However, the three of judges in the appeal doubted the fidelity of the adopted decision and canceled the judicial act. The reasoning part indicated that the applicant filed a claim outside the period of bail ...

Sorted by relevance | Sort by date