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

In the framework of the bankruptcy case (No. A21-8559/16), the manager filed an application for recovery from the applicant (FTS) of the costs of the ... ... 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 ...

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

... November of the same year, production was discontinued. The reason was the company's lack of assets that allow it to carry out bankruptcy proceedings. The woman tried to recover damages from the beneficiary of the company, Konstantin Li (case no. A59-576/2022).... ... 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 ...

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

... not have economic stability. Housing inherited by children from a deceased father, on the contrary, does not have any encumbrances. The Judicial Board for Economic Disputes 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 ...

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

... deprived of the 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 HAS PROTECTED THE WIFE WHO WENT BANKRUPT FROM THE FINANCIAL DEMANDS OF THE EX-SPOUSE

... the Russian Federation). By this time, Tatiana N. had gone through bankruptcy (case no.A41-82762/2020). She expected that her debts (including obligations to the credit institution) had been completely written off. However, the court considered otherwise.... ... judge considered the write-offs to be periodic current payments. He recovered the declared amount from Tatiana N., despite her bankruptcy, which ended on May 25, 2022. The verdict of the court was subsequently supported by the appellate and cassation instances. The Supreme Court of the Russian Federation, where Tatyana N. complained, drew the attention of the participants in the litigation ...

THE SUPREME COURT WILL CONTINUE TO LOOK INTO THE RATIO OF COLLATERAL AND TAX CLAIMS IN BANKRUPTCY

... continuation of the debtor's business activities (case No. A53-32531/16). The court of first instance resolved the differences by determining the procedure for repayment of debts on mandatory payments that arose as a result of the continuation of the debtor's business activities, in priority order to repay the claims of the collateral creditor in the period after the commencement of bankruptcy proceedings. The rest of the claims were denied. The higher courts attributed the requirements of the Federal Tax Service to the priority order in full. The Supreme Court (SC) referred the complaints of the governor and the bank to the board, noting that, contrary to the arguments of the authorized body and the conclusions of the courts, the bank was not a beneficiary from the continuation of the production ...

AFTER THE SALE OF THE BANKRUPT'S CAR, THE DEBTOR IS NOT RESPONSIBLE FOR PAYING THE TRANSPORT TAX

... to remove the vehicle from the registration register. The Supreme Court sent the case for a new hearing (SCAD Ruling of the Supreme Court of the Russian Federation dated 02/29/2024 No. 80-KAD23-8-K6) and drew attention to the following: • The court has completed the procedure for the sale of the debtor's (defendant's) property. The bankruptcy estate also includes a cargo tractor, which was sold by the financial manager as part of the bankruptcy procedure under ...

A CREDITOR WITHOUT A LICENSE CANNOT BANKRUPT A DEBTOR WITHOUT A JUDICIAL ACT

The entrepreneur appealed to the court with an application for declaring the debtor bankrupt (case no. A41-19651/2023). The court of first instance refused to accept the ... ... applicant did not provide a copy of the judicial act on the recovery of funds from the debtor in favor of the creditor. Rejecting the applicant's argument about the right... ... on the fact that the creditor's legal successor is a microfinance organization. The Supreme Court of the Russian Federation referred the complaint of another debtor's creditor...

IGNORANCE OF THE LAW FREED THE BANKRUPT FROM RESPONSIBILITY IN THE SUPREME COURT

... result, the woman's behavior was recognized in good faith in two judicial instances. The district court, which received the complaint, decided the case differently. The cassation considered that the pensioner hid the property, evaded the payment of the debt and disposed of the money independently, without having the authority to do so during the bankruptcy proceedings. The woman had to complain to the Supreme Court. The economic board, having studied the woman's arguments, found them quite convincing. Volkonskaya told the court that she did not try to evade her obligations, and also did not live in a big way. She spent her savings on maintaining her ...

THE SUPREME COURT EXPLAINED THE PROCEDURE FOR CHALLENGING THE TRANSACTIONS OF THE DECEASED IN BANKRUPTCY

... The businessman's bankruptcy case started in 2021 (No. A41-32321/2021). Taking into account the death of Kolomnikov that had occurred earlier, the court introduced the implementation procedure in relation to his hereditary mass (Article 223.1). The Supreme Court drew the attention of the participants in the dispute that in such cases, bankruptcy should be carried out as if the businessman himself were still alive. That is, debts must be repaid through insolvency procedures. Bashmakov, having discovered the transfer of a large amount of money in favor of Kolomnikov, asked the arbitration to apply the consequences of the invalidity of the transaction. To the bankruptcy trustee,...

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