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BANKRUPTCY DOES NOT CANCEL THE OBLIGATION TO PRESERVE THE DEVELOPMENT OF MINERAL RESOURCES

... conservation of the facility (mining) within six months from the date of entry into force of the court decision. In refusing to satisfy the claims, the courts of three instances proceeded from the Ministry's omission of the 3-year limitation period. The Supreme Court of the Russian Federation sent the case for reconsideration and noted the following: • The obligation to liquidate or preserve a subsurface use object remains with the subsurface user until full execution (including in case of early termination ...

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

... the claim, noting that the funds were received on the basis of a subsequently canceled judicial act on the inclusion of the claim in the register, therefore, the amounts received are unjustified payments subject to return to the bankruptcy estate. The Supreme Court referred the defendant's complaint to the board, emphasizing the following: "The defendant insists that when reviewing the judicial ruling on the inclusion of his claim in the register, the validity of the debt was not questioned, according to the results of the review, the debt in any case could not be adjusted downward, which means that when paying off part of the debt, unjustified enrichment it did not arise. The applicant of the cassation complaint ...

THE EXISTENCE OF A BANKRUPTCY CASE DOES NOT INDICATE THAT THE COUNTERPARTY IS AWARE OF THE INSOLVENCY

The Supreme Court of the Russian Federation annulled the judicial acts of lower instances and refused to satisfy the claim for the recovery of interest for the use of other people's money. The manager of the company, in respect of which the bankruptcy proceedings ...

CREDITORS MAY BE CHARGED LOSSES FOR AN UNPROFITABLE BANKRUPT TRANSACTION

... bankruptcy trustee, but also from creditors who approved it. The corresponding definition is contained on the website of the Supreme Court of Russia. The court came to such conclusions during the bankruptcy proceedings of the Vyborg Timber Corporation,... ... "Tavrichesky" was chosen as one of the creditors. In 2018, the company was declared insolvent. On the eve of bankruptcy, her debt amounted to almost 14.92 billion rubles, however, she continued to work. In 2018 and 2019, the company's revenue grew, but ...

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