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

... give his consent to this. Subsequently, the creditor applied to the arbitration court and received a positive decision to collect the debt, including from the guarantor under the new contract terms that were not agreed with the last one. An attempt to challenge the judicial act did not lead to success, since the procedural deadline for filing a complaint was missed. The decision entered into force, and on its basis the creditor tried to join the register of creditors’ claims, but the courts found this ...

The Supreme Court of Russia canceled the conclusion of amicable agreement due to the negligence of judges

... agreement in the proceedings related to the insolvency case. The lower courts did not see any violations of the applicant's rights, but the Supreme Court sided with the bank. The dispute arose against the background of the bankruptcy of an individual. The debtor citizen was a member of the company with 100% of the shares, which was sold by him to a third party. The bankruptcy trustee challenged the deal and succeeded in declaring it invalid, but before the entry of the judicial act into the force, the buyer of the share sold it to another individual. The trustee challenged this agreement as well, but as part of the consideration of ...

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