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The Supreme Court of Russia considered the issue of the distribution of moratorium interest

The highest court considered the case on the complaint of one of the creditors of the debtor (an individual). The applicant was dissatisfied with the ruling issued by the district court, which established the procedure for the distribution of the moratorium interest of the secured creditor. The Supreme Court of Russia considered the applicant's arguments convincing and canceled the contested judicial act. The question concerned the procedure for establishing, as well as distribution of the moratorium interest of the pledged creditor of the ...

Modified: 10.14.2021
Supreme court of Russia , court ruling , moratorium interest , debtor , creditor , bankruptcy of an individual , bankruptcy of a citizen , bankruptcy
Path: РусБанкрот - СМИ

Supreme court of Russia canceled judicial acts due to legal uncertainty

The Economic Board considered the case of bringing the chairman of directors and chief accountant of the debtor-bank to subsidiary liability. The applicant's position was based on the fact that the mentioned persons had issued loans ... ... knowingly irrecoverable. The court of first instance satisfied the claim, but the appeal and the district rejected it. The The Supreme court of Russia put an end to the situation. The question concerned the bankruptcy of a credit organization, whose leaders,...

Modified: 09.24.2021
Supreme court of Russia , subsidiary liability , company bankruptcy , debtor , unsecured loan , bankruptcy
Path: РусБанкрот - СМИ

Supreme Court of Russia refused to attract the director to the subsidiary liability due to the confusion with timing

Supreme Court of Russia considered the case on the complaint of the former director and participant of the debtor on bringing him to the subsidy. The corresponding claim was filed by the manager, who indicated the director’s inaction, which was expressed in the failure to file a bankruptcy petition. The court of first instance dismissed the claim, the appeal ...

Modified: 09.21.2021
Supreme court of Russia , debtor , bankruptcy , court ruling , subsidiary liability , company bankruptcy
Path: РусБанкрот - СМИ

Supreme Court of Russia clarified the difference between the currency of debt and the currency of payment

As a part of the insolvency case, the bankruptcy trustee applied to the court with a demand to invalidate the supplementary agreement to the lease concluded between the debtor and the creditor. The courts of three instances satisfied the application, but the Supreme Court of Russia canceled the rulings, pointing out the errors in their adoption. The question concerned a long-term lease agreement to which the parties signed an additional agreement. Under the terms of the contested document, the base part ...

Modified: 09.17.2021
Supreme court of Russia , supplementary agreement , lease agreement , bankruptcy , manager , debtor , creditor
Path: РусБанкрот - СМИ
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