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DEBTORS WILL BE GIVEN THE OPPORTUNITY TO REQUEST THE RESUMPTION OF ENFORCEMENT PROCEEDINGS

... resumption of suspended enforcement proceedings – up to three years. The relevant draft was prepared by the Ministry of Justice pursuant to the decision of the Constitutional Court. As explained in the explanatory note, the proposed changes will give the debtor the opportunity to apply for the resumption of suspended enforcement proceedings. In addition, the bill makes it possible to exclude abuse by the recoverer. As the legislators noted, a number of grounds for suspending enforcement proceedings may ...

Is it possible to challenge the set-off of claims in the debtor's contractual relationship?

... claims that arose between the contractor and the customer. The courts of three instances considered this to be a preference, but the economic board did not come to such a conclusion. The initiator of the process was the bankruptcy trustee of the debtor company, which, in turn, performed contract work under the contract. As part of legal relations, just before the bankruptcy of the contractor, the parties signed a number of documents providing for the offset of counterclaims. In the course of ...

How to invalidate a deal with the debtor's foreign real estate

The Arbitration Court of the Moscow District considered the case based on the complaint of a debtor, whose transaction, at the request of a bankruptcy trustee, was declared invalid by the lower authorities. The trustee considered the rights of creditors violated in a situation of alienation of the bankrupt’s house in Cyprus in favor of his young ...

Supreme Court of Russia resolved the dispute with the executive immunity of debtor

The Supreme Court of Russia considered the case on the complaint of a bankruptcy creditor of debtor. The applicant expressed disagreement with the position of the lower courts, which excluded the bankrupt's expensive real estate from the bankruptcy estate: it was a house with an area of over 300 sq.m., as well as the land plot on which it ...

Supreme Court of Russia indicated criteria for challenging the debtor's transaction

The highest court of Russia considered the case on the complaint of a buyer of the debtor's property, whom the district court suspected of being aware of the illegality of the transaction. At the same time, two lower instances did not see malicious intent in the applicant's actions, considering him a bona fide buyer. The Supreme Court ...

Supreme Court of Russia indicated the debtor's right to receive full amount of retirement benefits

The Supreme Court considered the case on the complaint of the Pension Fund against the decisions of other instances. The question concerned the payment of the pension, which was transferred to the debtor, but the bankruptcy trustee considered that it should have been returned to a special account and included in the bankruptcy estate. The lower courts agreed on his arguments, but the Supreme Court of Russia expressed a different position. The ...

District court allowed control of creditors over the debtor's expenses

... and the lack of a current estimate of expenses impeded the control over the funds spending. The court of first instance established that the creditors' committee was formed from representatives of the tax service, which was the main creditor of the debtor. At the same time, it was in no hurry to take an active part in voting on the approval of the disputed cost estimate. In such a situation, the court considered it possible to transfer the issue of approving the estimates to the meeting of the debtor's ...

The court considered salary claims within the framework of the debtor's bankruptcy

The Arbitration Court of the North-West District considered the claim of the former employee of the debtor to include the debt under the employment contract in the register of creditors’ claims. At the same time, the bankruptcy trustee expressed disagreement with the claims and made an attempt to challenge the documents on which the applicant's arguments ...

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 and the district court sent the case for reconsideration,...

THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE

The complaint of the former head of debtor, who did not agree with bringing him to subsidiary liability, was submitted to the Arbitration Court of the North-West District. The judges of the first and the appellate instances came to the conclusion that it was necessary, however, this decision ...

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