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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

... 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... ... 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... ... appellate instances referred to the lack of such a procedural possibility, given that the bankruptcy proceedings had already been terminated. The district court did not agree...

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

... and the customer. The courts of three instances sided with the applicant, but the Supreme Court of Russia rejected his claim him. The essence of the dispute arose as... ... financial obligations of the parties under the same agreement. However, after the bankruptcy procedure had been introduced against the contractor, the trustee successfully... ... notification of the offset of claims, the contractor already had other obligations to creditors, the claims of which were subsequently included in the register of creditors’...

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

... as well as penalties accrued for non-payment of current tax obligations, should be made at the expense of funds received from the sale of this property as a matter of priority. The period of attribution of the corresponding expenses to the collateral creditor is determined by the court from the date of initiation of the debtor's bankruptcy case. The position of the Supreme Court The highest instance has annulled the judicial acts of the lower courts. The Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation noted that the order of repayment of property taxes on mortgaged property depends ...

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

As part of the bankruptcy case of a citizen, the courts considered the issue of including the bank's claim in the debtor's register (case No.... ... 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 ...

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 arose against the background of the bankruptcy of an individual. The debtor citizen was a member of the company with 100% of the shares, which was sold by him to ...

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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