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THE SUPREME COURT WILL SORT OUT THE CHALLENGE OF THE TRANSACTION TO REPAY THE FICTITIOUS DEBT

... off the latter's debt to the contractor. The courts of three instances refused to satisfy the claim, justifying such a decision by the fact that the reality of contractual legal relations was confirmed by the documents submitted to the case file. The Supreme Court of the Russian Federation, referring the case to the board, drew attention to the arguments of the cassator that the debt transfer agreement was concluded solely to create an artificial debt to give legitimacy to the withdrawal of the debtor's funds to an affiliated organization. The circumstances of the illegal transaction, established by the court of first instance,...

THE SUPREME COURT WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

... applicant (FTS) of the costs of the procedure and remuneration of the arbitration manager. The court of first instance satisfied the requirements, however, the higher courts, not agreeing with the definition, refused to satisfy the application. The Supreme Court of the Russian Federation, referring the complaint to the board, noted that the conclusions of the courts on the need for a preliminary appeal to the debtor with a claim for payment of remuneration were made without taking into account the fact that the debtor was declared bankrupt under the simplified procedure of the absent debtor. At the same time, the court of first instance came to the correct ...

THE SUPREME COURT SUPPORTED THE RELATIVES OF THE DECEASED DEBTOR

... by judicial statistics. Therefore, according to experts, accepting an inheritance can be a headache for those who inherit property by law or specified in the will of the deceased. However, there are also cases when the creditor is trying to collect debts from relatives, none of whom officially recognized as heirs, and the obligations themselves are insured. One of such cases the Supreme Court of the Russian Federation had to investigate recently. According to Rossiyskaya Gazeta, the trial was initiated in connection with the death of an elderly resident of Voronezh, who took out several consumer loans in the amount of 79 thousand ...

THE SUPREME COURT WILL LOOK INTO THE REMUNERATION OF THE MANAGER WHEN SELLING THE COLLATERAL

... percentage fee in connection with the sale of the collateral. The courts of three instances partially satisfied the application, setting a percentage of the remuneration in the amount of 4.5% of the amount of satisfied claims of the collateral creditor. The debtor's creditor did not agree with this approach and filed a complaint with the Supreme Court, pointing out that the services for the sale of the collateral were provided not by the manager, but by the organizer of the auction, who received a significant reward. In such circumstances, the manager is not entitled to claim the maximum ...

THE SUBSIDIARY OF THE HEAD OF THE COUNTERPARTY COMPANY WILL BE CHECKED BY THE SUPREME COURT

... the beneficiary of his personal loan transactions and contracts of the organization controlled by him. After all, as a result, the bank received only a share in the "Customs Card", estimated at 142 million, writing off about 2.3 billion of debt from its balance sheet. Andrey Barinov disagreed with the court verdicts and filed a complaint with the Supreme Court. In his opinion, even a loss of 192 million could not be a reason for the bank's bankruptcy. In addition, the former head pointed out, he did not receive any financial benefit from the transactions. Now his complaint is to be considered ...

THE SUPREME COURT SUPPORTED THE PLAINTIFF IN THE DISPUTE OVER THE SUBSIDY OUTSIDE BANKRUPTCY

... instances in partial satisfaction of material claims, returned the case to the Arbitration Court of the Sakhalin region. A possible violation of the statute of limitations was indicated in the defendant's statement. Su Kim filed a complaint with the Supreme Court of the Russian Federation. In it, she described the specifics of the company's work, which did not receive cash receipts from customers, accumulating debts. All the money went directly to Konstantin Lee, and the profits were received by firms registered to his relatives. Su Kim petitioned the courts to request relevant financial documents and information about affiliated companies, but found no support....

THE SUPREME COURT HAS DEFENDED THE INTERESTS OF THE CHILDREN OF THE DECEASED BANKRUPT

... also indicated that the disputed property would have been excluded from the bankruptcy estate if Roman Prosekov had been alive. Therefore, the Supreme Court of the Russian Federation stressed, creditors should not benefit solely from the fact of their debtor's death. According to experts, the decision adopted by the Supreme Court of the Russian Federation as a whole continues the general trend of law enforcement aimed at supporting children's rights. At the same time, there is a danger that in some cases citizens will be able to artificially form immunity for inherited ...

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

... 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 ...

THE SUPREME COURT WILL LOOK INTO THE PRE-EMPTIVE RIGHT OF THE CORPORATION'S PARTICIPANTS IN THE BANKRUPTCY OF A PARTICIPANT

... pre-emptive right to purchase a share belonging to an insolvent person. The courts considered that when selling a bankrupt debtor's share in the authorized capital of the company, the legal approach set out in the resolution of the Constitutional Court ... ... practice of exercising the pre-emptive right to purchase when selling a share in the right of common ownership, is applicable. The Supreme Court of the Russian Federation referred the complaint of the manager to the board for consideration and pointed out that ...

THE SUPREME COURT WILL CLARIFY THE CRITERIA FOR SINGLE HOUSING

... apartment building. The fact of the insufficient size of the apartment area in itself is not a reason for applying the rules on executive immunity to the disputed property, since otherwise the balance of interests of bankruptcy creditors and heirs of the debtor in favor of the latter will be disrupted. The Supreme Court referred the applicants' complaint to the board, stating the following: The conclusions of the courts on the possibility of the heirs living in the mother's apartment were made without taking into account the fact that the apartment is ...

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