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Supreme Court of Russia explained how to identify a fake creditor

The bankruptcy case of RealtService (А40-267855 / 2018), which experts got interested in last year, reached the Supreme Court. The ... ... a witness. The ruling of the Supreme Court, according to legaltop.ru, turned out to be an instruction for identifying a fake creditor. The company ‘RealtService’ carried out the construction of the building of NUSR ‘MISiS’. In the course of the bankruptcy ...

The court named the reasons for the decrease in bankruptcy trustee’s remuneration

The Arbitration Court of the Moscow District considered the case on the complaint of the creditor, from whom the lower courts recovered the bankruptcy trustee’s remuneration. The applicant disagreed with this state of affairs and challenged the decisions, which the district considered premature. The question concerned a bankruptcy case of a debtor, in the course of which the trustee first ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... Russia considered the case on the complaint of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with ...

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

... 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 ... ... highest court stated that the bad faith announced by the colleagues did not apply to legal relations within the framework of the bankruptcy case in any way, since it was directed at a third party - the beneficiary. He had to resort to the compulsory execution ...

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.... ... execution, the courts of the first and 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 with colleagues, having indicated that the ...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

... decision, which recognized the multimillion-dollar debt of an insolvent legal entity in favor of a third company, by one of the creditors (tax authority). The court of appeal and the district court refused to consider the complaint due to the fact that ... ... court recognized the claims as justified and satisfied the claim. At the same time, already in the process of considering the bankruptcy case, the bankruptcy trustee of the debtor filed for an amended tax return. From the information provided by the Federal ...

Supreme Court of Russia puts an end to the case on the subordination of the restitution claim

... dissatisfied with the decisions of the lower courts. The claims for the inclusion of a restitution claim in the register of creditors’ claims, filed by one of the creditors, were subordinated by the first instance, but the court of appeal and the district ... ... first instance took into account that the companies were affiliated and were subordinate to one beneficiary, while, despite the bankruptcy proceedings initiated against both companies, Rosalko subordinated the claims. The Court of Appeal, the position of ...

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

The Economic Board considered the case on the inclusion of the debt of the bankrupt company to the buyer of a car into the register of creditors’ claims. The lower courts did not see any problems and satisfied the claim. However, the representatives of the Highest court expressed their disagreement with such a state of affairs. The question concerned the contract for the sale and ...

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

The highest court of Russia considered 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 means that the debt transferred to it was unreasonable. Despite this, the lower instances considered that the assignment ...

Supreme Court of Russia considered it unreasonable to involve a third-party organization in bidding

The Economic Board considered the case on the complaint of a bankruptcy trustee and creditors of the debtor, who opposed the agreement concluded with a third-party organization on holding bidding within the framework of the debtor's insolvency case. At the same time, the company, which carried out the sale of the property of insolvent ...

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