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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 the debtor's right to receive full amount of retirement benefits

... included in the bankruptcy estate. The lower courts agreed on his arguments, but the Supreme Court of Russia expressed a different position. The judges of the first instance... ... the district court considered that in the case under consideration, the provisions of bankruptcy legislation had priority over other documents, including pension law, since... ... Consequently, as the judges considered, they should have been applied, which meant that the debtor's pension, accrued to him after being declared bankrupt, should have become a...

Supreme Court of Russia allowed bankruptcy trustee request information about the assets of bankrupt’s children

The question of the ability of bankruptcy trustee to make inquiries and receive information about the property of the descendants of a bankrupt citizen was considered ... ... citizen had not only a spouse, but also several sons (born in 1998 and 2006), the bankruptcy trustee made a conclusion that the debtor could hide part of the assets by registering them for children, who did not have their own source of income. After Gulyaev ...

The Supreme Court of Russia named the terms of simplified bankruptcy proceedings

... debtor applied to the arbitration court with a demand to challenge the concluded agreements. However, the instance of appeal pointed out that the applicant's claim was acquired on the basis of a loan agreement, which means that he has the right to file a bankruptcy petition for his debtor without asking for the debt. The point in the case was put by Supreme Court of Russia, which noted that the rule providing banks with the opportunity to initiate bankruptcy of their debtors was due to the fact that these requirements, as a rule, are confirmed by standard evidence, and the process of verifying their ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... Russia considered the case on the complaint of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with the applicant and satisfied the claim. Then the company, which received ...

Supreme Court of Russia resolved the issue of remuneration between bankruptcy trustees

The Economic Board of the Supreme Court of Russia considered the case on the complaint of a trustee, whose claim was rejected by the lower courts, which ... ... of limitations. The trustee wanted to receive a portion of the remuneration that he believed was due to him as a part of the debtor's bankruptcy case. The applicant had worked as a bankruptcy trustee for eight months, after which he was replaced by another person....

Supreme Court of Russia clarified the features of termination of pledge in bankruptcy

Economic Board of the supreme court of Russia considered the case on the complaint of a bankruptcy trustee of the debtor, who expressed disagreement with the position of the lower courts. The question concerned the pledged property, which the trustee intended to sell at the auction, and the debtor indicated the presence of the burden in the form of a pledge. The ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

... instance terminated the proceedings, but the appeal and the district court sent the case for reconsideration, with which the Supreme Court of Russia did not agree with such a decision. The Economic Board pointed out that it was not possible to re-consider the claim. The fact is that there were two claims for the debtor's bankruptcy and, as a consequence, for the subsidiary liability of the persons controlling him. In the first case, the court rejected ...

SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT

... could not have known about the insolvency of the latter. Moreover, at the time of signing the agreement, the debtor himself did not yet have signs of insolvency. In this case, the transaction itself was made with an equivalent counter provision. The Supreme Court of Russia did not agree with such conclusions. Its board recalled that the building of the shopping center, which the debtor had rented out for several years before the bankruptcy, was the main asset. Until the initiation of the insolvency case, all actions on the lease legal relationship were performed by the debtor independently. The agency agreement was concluded only after the initiation of bankruptcy, and another ...

THE SUPREME COURT OF RUSSIA SUMMED UP THE RESULTS OF IMPOSITION OF MORATORIUM ON BANKRUPTCY

The moratorium on bankruptcy, which was introduced in the spring of 2020, provoked many questions in law enforcement activity. This led to a kind of summing up the results of its imposition in the form of a new resolution of the Plenum of the Supreme Court of Russia, which consolidated a number of important theses. Some of them are here in our selection. 1. The law allows a debtor included in the list of companies subject to the moratorium to be declared bankrupt in a situation where this debtor is ...

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