Search

Supreme Court of the Russian Federation clarified what cannot be considered compensatory financing

... instances supported it, and the district court downgraded the debt in the registry, citing affiliation and, as a result, compensatory funding. The applicant did not agree with this position, which was the reason for the consideration of the case in the Supreme Court of the Russian Federation. The disputed debt was formed as part of the debtor's first bankruptcy case. Then the creditor announced his intention to pay off all the debts of the company, which he subsequently did, and the insolvency case was closed. However, this did not help - the debtor again ended up in bankruptcy proceedings. As part ...

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was filed ... ... considered in the district court, the meeting had not taken place, and the panel of judges made the creditors guilty of this. The Supreme Court of the Russian Federation did not agree with this formulation of the issue. The Economic Board pointed out that ...

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 insolvency proceedings and two years before the company was declared bankrupt and bankruptcy proceedings were opened, the future debtor and an individual signed a contract... ... servants of Themis and taking into account other circumstances, was not decisive. The Supreme Court of the Russian Federation came to the same conclusion, pointing out that...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

... authority made a decision to challenge the debt to the contractor, referring to the significant difference between the size of the bankruptcy estate of the debtor and all the claims of creditors. The court of appeal and the district court refused to consider the tax authorities’ complaint,... ... was missed and the possibility of obtaining information about the court case and the decision from open sources. However, the Supreme Court of the Russian Federation demanded to reconsider the issue, pointing out that at the time of the decision, as well ...

Supreme Court of Russia indicated what the courts should take into account when including debts in the register of creditors’ claims

... the validity of collecting debts from the guarantor in court, no objections were received from the latter. The combination of these circumstances led the creditor to the idea that the debt was formed intentionally, in order to gain control over the debtor's bankruptcy procedure. The Supreme Court of the Russian Federation agreed with such an opinion, pointing out that, when considering the issue of including a debt in the register of creditors’ claims, the courts should take into account the circumstances of its occurrence in order ...

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

The Economic Board considered the complaint of the debtor and the tax authority against the decisions of the courts of appeal and the district,... ... the polarity of positions of the courts. As part of the debtor's insolvency, the bankruptcy trustee of the creditor filed a claim to include the restorative debt in... ... compensatory, and therefore such a claim should have been subordinated in the register. The Supreme Court of the Russian Federation canceled the decisions of the court of appeal...

Supreme Court of Russia puts an end to the case on the subordination of the restitution claim

The case was considered by the highest court at the request of the debtor, who was dissatisfied with the decisions of the lower courts. The claims for ... ... appeal and the district court cancelled the order. Having considered the issue, the Supreme Court of the Russian Federation supported the position of the court of first... ... companies were affiliated and were subordinate to one beneficiary, while, despite the bankruptcy proceedings initiated against both companies, Rosalko subordinated the claims...

Sorted by relevance | Sort by date