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SUPREME COURT OF RUSSIA: WHAT ARE THE ACTIONS OF CREDITOR IN THE EVENT OF TERMINATION OF THE AGREEMENT WITH BANKRUPT

The Economic Board considered a dispute between bankruptcy trustee and the debtor's creditor. The trustee demanded that the car purchased under the sale and purchase agreement be transferred back to the bankrupt in connection with the termination of the agreement. The creditor objected, recalling that he had not received his money for ...

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was ...

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 ...

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

... claims, having convinced three courts of lawfulness of his actions. In motivating their position, the judges proceeded from the fact that at the time of receipt of the 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’ claims and have not been satisfied so far, which meant the preference of the interests of one creditor in relation to others. However, the Supreme Court took a different ...

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