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Supreme Court of Russia sided with the creditor in a situation of insufficient evidence

The highest court of Russia considered the complaint of one of the debtor's creditors, whose claim to be included in the register of creditors’ claims was rejected by the lower courts. The reason for this was the lack of the documents, confirming the debt and submitted by the applicant. However, the Supreme Court of Russia indicated that in the case under consideration, the creditor could not have more documents, and the investigation ...

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

... Subsequently, the proceedings on this bankruptcy were terminated due to the absence of a bankruptcy trustee. Then one of the creditors made another attempt to initiate an insolvency case. This time, another manager again filed an application for prosecuting the head of debtor, backing up his position with the same arguments. The court of first instance terminated the proceedings on the application,... ... completely different issue, and in this case, there was no need to talk about identity. The point in the case was put by the Supreme Court of Russia, which compared the parties to dispute, the subject matter and the grounds in detail, and came to the ...

SUPREME COURT OF RUSSIA: WHAT ARE THE ACTIONS OF CREDITOR IN THE EVENT OF TERMINATION OF THE AGREEMENT WITH BANKRUPT

... item. This is possible only after restitution, when the buyer returns the goods and the seller returns the money. Consequently, up to this moment, the car cannot be included in the debtor's bankruptcy estate. In the case under consideration, when the debtor could not return the money paid for the goods, the Supreme Court of Russia offered the parties two options for getting out of the conflict: the creditor keeps the car, includes a claim for damages in the register of creditors’ claims, while their value is adjusted taking into account the value of the goods; the creditor transfers the car to the bankruptcy estate, in which case the former buyer ...

SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT

Within the framework of the insolvency case, the bankruptcy trustee of the debtor tried to challenge the agency agreement concluded between the potential bankrupt and a third party. The trustee was confused ... ... immediately after the initiation of the principal's insolvency case. The opinions of the courts on this issue were different, but the Supreme Court of Russia put an end to it. When considering the application in the court of first instance, the position of the ...

How the creditor’s inactivity affected the fate of debt in bankruptcy

Supreme Court of Russia considered a case in the framework of which one of the creditors made a request to include the claim based on a suretyship agreement and a judicial act in the register of creditors’ claims. The application was rejected by three instances, but the Supreme Court of the Russian Federation considered such a position ...

When will the affiliation of creditor not become a reason for canceling the transaction?

The Supreme Court of the Russian Federation considered the case on the complaint of one of the debtor's creditors, who was not satisfied with the decisions issued by the lower instances. The issue concerned the inclusion of debt secured by three pledge agreements in the register. The debtor's bankruptcy trustee, in turn, insisted on the invalidity of ...

Supreme Court of Russia indicated the case of abolition of subsidiary liability

... appeal into account and upheld the decision of the court of first instance. When considering the case, the Economic Board of the Supreme Court of Russia supported the position of the court of appeal. The trio of judges noted that there was a corporate dispute ... ... current leader. In such a situation, the subsidiary liability of the latter could not become an instrument in the hands of the creditor. Consequently, the bringing of the head of debtor to subsidiary liability was not justified, and the decisions made by the court of first instance and the district court ...

Supreme Court of Russia determined the time period for consideration of claims on invalid transaction

... contract for the sale and purchase of a car, which was signed during a period of suspicion on conditions unfavorable for the debtor. The agreement was declared invalid by the court, and the parties were obliged to return what they had received under the ... ... against him were terminated, after which he applied to the court with a demand to include the debt to him in the register of creditors’ claims. The courts of three instances consistently satisfied the claim, but such a decision turned out to be erroneous. The Supreme Court of Russia recalled that a claim on a recognized transaction is considered to be declared on time if it has been ...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the controversial agreement, which means that the debt transferred to it was unreasonable. Despite this, the lower instances considered that the assignment ...

Supreme Court of Russia considered it unreasonable to involve a third-party organization in bidding

... due to it. The cases were combined into one procedure, the fate of which changed dramatically after being considered by the Supreme Court of Russia. Prior to that, all three instances unanimously supported the company holding the auction and satisfied ... ... instances was that the person involved in the auction had duly fulfilled his obligations, and that the auction was approved by the debtor's pledged creditor. However, the Supreme Court of the Russian Federation considered this position to be incorrect, outlining a number of ...

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