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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 ...

THE MAIN PRINCIPLE OF THE BANKRUPTCY PROCEDURE IS TO MAINTAIN A BALANCE BETWEEN THE INTERESTS OF THE DEBTOR AND CREDITORS

... adopted judicial acts, as a result of which it appealed to the district court with a cassation appeal. Two instances released the debtor from fulfilling obligations and completed the procedure for the sale of property. The Court of Cassation did not share ... ... been taken. The sale of a real estate object, even at cadastral value, would allow meeting the requirements of the collateral creditor in almost full. A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy ...

How the creditor’s inactivity affected the fate of debt in bankruptcy

... claim based on a suretyship agreement and a judicial act in the register of creditors’ claims. The application was rejected by three instances, but the Supreme Court of the Russian Federation considered such a position to be incorrect. Initially, the debt arose from a guarantee that was concluded between the creditor and the future bankrupt. Subsequently, the main borrower and the lender changed the terms of the agreement by increasing the credit limit. However, the guarantor did not give his consent to this. Subsequently, the creditor applied to the arbitration ...

THE ABSENCE OF CREDITORS DURING THE TRANSACTION PERIOD PRECLUDES THEIR CONTESTATION

... without due date) to creditors during the period of making disputed payments, whose claims were then included in the register of creditors' claims. The bankruptcy trustee's statement on challenging the transaction also does not indicate whether the debtor has unfulfilled obligations to creditors during the disputed period.

IT IS NECESSARY TO REDUCE THE PRIORITY OF THE CREDITOR'S CLAIMS IN A TIMELY MANNER

The debtor's creditors appealed to the court with a request to resolve disagreements on the issue of accounting for tax claims on capitalized payments as part of not the first, but the third stage of the register (case no. A60-39837/14). The court of first instance ...

THE PRESENCE OF CREDITORS' STATEMENTS EXCLUDES THE TERMINATION OF BANKRUPTCY PROCEEDINGS IF ONE OF THEM IS UNFOUNDED

... the procedural form of the creditor's appeal to the court for protection of his rights does not have legal significance: an application for recognition of the debtor as bankrupt or an application on the inclusion of claims in the register of claims of creditors of the debtor. If the court finds that the claims satisfying the conditions of the Bankruptcy Law are justified and included in the register of creditors' claims of the debtor, the bankruptcy proceedings are not subject to termination. The case materials confirm ...

THE RIGHTS OF A SECURED CREDITOR MUST BE RESPECTED WHEN EXCLUDING A SINGLE DWELLING

... apartment from the bankruptcy estate. However, in this situation, in order to protect the property interests of the bank as a collateral creditor, an appropriate guarantee is needed that allows not to release the pledgor from obligations to the collateral creditor upon completion of the procedure and in case of refusal by the authorized federal body to resume repayment of loan obligations or termination of the provision of funds to the debtor upon the occurrence of other events to realize the collateral object. With a different approach, namely, applied by the courts, taking into account the sanctions imposed on the debtor by the authorized federal body, the bank actually loses the ...

IF THE CREDITOR'S CLAIM IS JUSTIFIED, ITS REPAYMENT DOES NOT ENTAIL UNJUSTIFIED ENRICHMENT

... that as a result of repayment of the defendant's claim, unjustified enrichment arose on the latter's side, filed a lawsuit. The court of first instance refused to satisfy the claim, referring to the fact that the court decision itself on collecting debts from the plaintiff in favor of the defendant was not reviewed and was not canceled. The cancellation of the determination on the inclusion of the defendant's claim in the register (due to the inadmissibility of offsetting) is aimed, among other ...

IS IT POSSIBLE TO HOLD A CREDITORS' MEETING IN SPITE OF INTERIM MEASURES

In the framework of the bankruptcy case (No. A67-9495/22), creditors and the debtor appealed to the court to challenge the decision of the creditors' meeting and the actions of the interim manager. The courts of two instances satisfied the requirements, justifying their decision by the fact that the interim manager held a meeting ...

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

... 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 ...

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