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Supreme Court of Russia sided with the creditor in a situation of insufficient evidence

The highest court of Russia considered the complaint of one of the debtor's creditors, whose claim to be included in the register of creditors’ claims was rejected by the lower courts. The reason for this was the lack of the documents, confirming the debt and submitted by the applicant. However, the Supreme Court of Russia indicated that in the case under consideration, the creditor could not have more documents, and the investigation of the issue of the presence of creditors and the size of their claims is the concern of a bankruptcy trustee. ...

The Supreme Court of Russia named the terms of simplified bankruptcy proceedings

... he has the right to file a bankruptcy petition for his debtor without asking for the debt. The point in the case was put by Supreme Court of Russia, which noted that the rule providing banks with the opportunity to initiate bankruptcy of their debtors ... ... standard evidence, and the process of verifying their validity is not very difficult. Thus, when deciding whether to accept a creditor's claim for processing, the courts must establish whether it is based on a loan agreement with a bank. Consequently, ...

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

... 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 applicant and satisfied the claim. Then the company, which received ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

The claim to attract the person controlling debtor to the subsidiary liability was referred to the Economic Board of the Supreme Court of Russia at the request of the manager. The court of first instance terminated the proceedings, but the appeal ... ... Subsequently, the proceedings on this bankruptcy were terminated due to the absence of a bankruptcy trustee. Then one of the creditors made another attempt to initiate an insolvency case. This time, another manager again filed an application for prosecuting ...

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